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COUSER v. PRE-PAID LEGAL SERVICES, INC.

Case No. 12-CV-2575-LAB-WVG.

994 F.Supp.2d 1100 (2014)

Carrier COUSER, Plaintiff, v. PRE-PAID LEGAL SERVICES, INC. d/b/a Legal Shield; Terry Frick; and CallFire Inc., Defendant.

United States District Court, S.D. California.

January 16, 2014.

Attorney(s) appearing for the Case

Abbas Kazerounian , Matthew Michael Loker , Kazerounian Law Group, APC, Costa Mesa, CA, Joshua Swigart , Robert Lyman Hyde , Hyde & Swigart, San Diego, CA, Todd M. Friedman , Law Offices of Todd M. Friedman, P.C., Beverly Hills, CA, for Plaintiff.

Shannon Z. Petersen , Sheppard Mullin Richter and Hampton, James A. D'Ambrosio , Stark and D'Ambrosio LLP, San Diego, CA, Thomas B. Snyder , Timila S. Rother , Crowe & Dunlevy, Oklahoma City, OK, Michael L. Turrill , Arent Fox, LLP, Los Angeles, CA, Adam D. Bowser , Michael B. Hazzard , Arent Fox LLP, Washington, DC, for Defendants.

ORDER RE: CALLFIRE'S MOTION TO DISMISS

LARRY ALAN BURNS, District Judge.

This is a Telephone Communications Protection Act case in which Couser accuses Defendants of making approximately 40 unsolicited and prerecorded calls to her cell phone. Now before the Court is CallFire's motion to dismiss. CallFire's basic argument is that it's an "intermediate software provider" that doesn't itself control the content, destination, or timing of calls, and therefore...

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