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DICKSON v. DIRECT ENERGY, LP

No. 22-3394.

69 F.4th 338 (2023)

Matthew DICKSON, on behalf of himself and others similarly situated, Plaintiff-Appellant, v. DIRECT ENERGY, LP; Total Marketing Concepts, Inc.; Silverman Enterprises, LLC, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 1, 2023.

Attorney(s) appearing for the Case

ARGUED: Brian K. Murphy , MURRAY MURPHY MOUL + BASIL LLP, Columbus, Ohio, for Appellant. Michael D. Matthews, Jr. , MCDOWELL HETHERINGTON LLP, Houston, Texas, for Appellee Direct Energy, LP. ON BRIEF: Brian K. Murphy, Jonathan P. Misny , MURRAY MURPHY MOUL + BASIL LLP, Columbus, Ohio, for Appellant. Michael D. Matthews, Jr., William B. Thomas , Diane S. Wizig , David L. Villarreal , MCDOWELL HETHERINGTON LLP, Houston, Texas, James M. Chambers , MCDOWELL HETHERINGTON LLP, Arlington, Texas, for Appellee Direct Energy, LP.

Before: BATCHELDER, STRANCH, and DAVIS, Circuit Judges.

OPINION

Matthew Dickson brought this action under the Telephone Consumer Protection Act of 1991 ("TCPA"), 47 U.S.C. § 227, alleging that Direct Energy, LP sent him multiple ringless voicemails ("RVMs"). The district court determined that Dickson received only one RVM and dismissed the

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