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MEY v. PEP BOYS-MANNY, MOE & JACK

No. 101406.

717 S.E.2d 235 (2011)

Diana MEY, Plaintiff below, Petitioner v. The PEP BOYS-MANNY, MOE & JACK, Southwest Vehicle Management, Inc., and Lanelogic, Inc. d/b/a Caroffer.com, Defendants below, Respondents.

Supreme Court of Appeals of West Virginia.

Decided September 29, 2011.

Attorney(s) appearing for the Case

John W. Barrett, Esq. , Jonathan R. Marshall, Esq. , Bailey & Glasser, LLP, Charleston, WV, Matthew P. McCue, Esq. , Pro Hac Vice, Natick, ME, for Petitioner.

Keith J. George, Esq. , Jeffrey A. Kimble, Esq. , John J. Meadows, Esq. , Robinson & McElwee, PLLC, Clarksburg, WV, Michael Mallow, Esq. , Laura A. Wytsma, Esq. , Aurele A. Danoff, Esq. , Pro Hac Vice, Loeb & Loeb, LLP, Los Angeles, California, for Respondents, The Pep Boys-Manny, Moe and Jack.

J.H. Mahaney, Esq. , Charles F. Bellomy, Esq. , Huddleston Bolen, LLP, Huntington, West Virginia, for Respondents, Southwest Vehicle Management, Inc. and Lanelogic, Inc., d/b/a Caroffer.com.

KETCHUM, J.:

The plaintiff below, Diana Mey ("plaintiff), appeals an order from the Circuit Court of Ohio County, granting the defendants' motion to dismiss pursuant to Rule 12(b)(6) of the West Virginia Rules of Civil Procedure. The plaintiff filed a class action complaint alleging that the defendants, The Pep Boys, Southwest Vehicle Management, Inc., and Lanelogic Inc. ("defendants"), violated the Telephone Consumer Protection Act ("TCPA"), 47 U.S.C. §...

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