Missouri Seeks TCPA Summary Judgment, Charter Challenges Damages Ask
Pointing to numerous affidavits signed by Missouri residents attesting they were on the National Do Not Call Registry and yet received violative telemarketing calls from Charter Communications or one of its telemarketers, the state filed a motion (in Pacer) for…
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summary judgment Wednesday in U.S. District Court in St. Louis. Charter on Wednesday filed a separate motion (in Pacer) asking the judge to strike requests for damages and penalties in the Telemarketing Sales Rule (TSR) lawsuit, arguing the state isn't entitled to penalties under federal law and wouldn't disclose any calculation of compensatory damages. In the summary judgment motion, Missouri said on a finding of Charter's liability, it "will seek a substantial penalty appropriate to the severity of Charter's misconduct," saying the court should "set an example to others in the industry that compliance is the profitable path." It also said the state Attorney General's Office received more than 370 complaints, but it submitted to the court 15 affidavits establishing 315 TSR violations "for purposes of clarity and simplicity and to establish liability only." The state called it indisputable the company is liable for telemarketing calls placed by vendors on its behalf. Charter in its motion to strike said TSR doesn't permit state attorneys general to recover civil penalties and limits recovery to compensatory damages. It also said Missouri resisted Charter efforts to conduct discovery on compensatory damages issues, and therefore it should be precluded from introducing any evidence of damages at trial. Neither Charter nor Missouri commented Thursday.