Legal Opinion
Leyse v. Bank of America National Ass'n
Court of Appeals for the Third Circuit
Decided October 14, 2015No. 14-4073PublishedCited by 137 opinions
1Opinion of the Court
OPINION OF THE COURT
FUENTES, Circuit Judge.
Mark Leyse brought an action under the Telephone Consumer Protection Act after receiving a prerecorded telemarketing call on the landline he shares with his roommate. Leyse was not the intended recipient of the call — his roommate was. For this reason, the District Court dismissed the complaint for lack of statutory standing. We find that it was error for the District Court to consider the motion to dismiss, which raised an argument that could have been raised in an earlier motion to dismiss. As the procedural error was harmless, however, we reach…
2Cases cited27 opinions
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- Lexmark Int'l, Inc. v. Static Control Components, Inc.Supreme Court of the United States · 2014
- Raines v. ByrdSupreme Court of the United States · 1997
- Sullivan v. DB Investments, Inc.Court of Appeals for the Third Circuit · 2011
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3Cited by137 opinions
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- John Daubert v. NRA Group LLCCourt of Appeals for the Third Circuit · 2017
- Robert Pepper v. Apple, Inc.Court of Appeals for the Ninth Circuit · 2017
- Lorenzo Oliver v. Debra RoquetCourt of Appeals for the Third Circuit · 2017
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