Gaker v. Citizen’s Disability, LLC

Full title: HEATHER GAKER, Plaintiff, v. CITIZENS DISABILITY, LLC, Defendant.

Court: United States District Court, D. Massachusetts

Case no: 20-CV-11031-AK

Date published: Feb 6, 2023

Fact:

This is a consumer protection action brought pursuant to the Telephone Consumer Protection Act (“TCPA”). The plaintiff, Heather Gaker (“Ms. Gaker”) alleges that defendant Citizens Disability, LLC (“Citizens”) violated the TCPA by placing telemarking calls to her cell phone without her prior consent despite her being on the Do Not Call Registry. Citizens argues that Ms. Gaker consented to receive such calls. The parties have cross-moved for summary judgment.

Issue:

CONCLUSION:

Citizens’ Motion for Summary Judgment [Dkt. 64] is DENIED. Ms. Gaker’s Motion for Summary Judgment [Dkt. 68] is GRANTED. Judgment will enter for Ms. Gaker in the amount of $3,500.

SO ORDERED.

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