Legal Opinion

Cunningham v. Montes

District Court, W.D. Wisconsin

Decided May 2, 2019No. 16-cv-761-jdpPublishedCited by 2 opinions

1Opinion of the CourtJames D. Peterson, District Judge

Plaintiff Craig Cunningham alleges that Michael Montes and several of his businesses made robocalls that violate the Telephone Consumer Protection Act (TCPA) ( 47 U.S.C. § 227 ). Montes operated a telemarketing service, TollFreeZone.com, Inc., through which clients could run telemarketing campaigns.

Defendants move for summary judgment. No one disputes that businesses who were TollFreeZone.com clients made unsolicited robocalls to Cunningham's cell *743phones and that those calls violated the TCPA. The primary question now before the court is whether Montes and TollFreeZone.com can be held liable…

2Cases cited12 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Spokeo, Inc. v. RobinsSupreme Court of the United States · 2016
  3. Havens Realty Corp. v. ColemanSupreme Court of the United States · 1982
  4. Keith D. Schacht v. Wisconsin Department of CorrectionsCourt of Appeals for the Seventh Circuit · 1999
  5. ACA Int'l v. Fed. Commc'ns Comm'nCourt of Appeals for the D.C. Circuit · 2018

7 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. League of Women Voters of New Hampshire; League of Women Voters of the United States; Nancy Marashio; James Fieseher; And Patricia Gingrich, Plaintiffs v. Steve Kramer; Lingo Telecom, LLC; Voice Broadcasting Corporation; and Life Corporation, DefendantsDistrict Court, D. New Hampshire · 2025
  2. National Coalition on Black Civic Participation v. WohlDistrict Court, S.D. New York · 2021

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