Martin v. PPP, INC.

MEMORANDUM OPINION AND ORDER

ELAINE E. BUCKLO, District Judge.

Nicholas Martin (“Martin”) has brought this putative class action against defendants PPP, Inc. (“PPP”) and Fidelity Communications Corporation (“Fidelity”) for alleged violations of the Telephone Consumer Protection Act of 1991 (“TCPA,” “the Act”), 47 U.S.C. § 227. 1 Martin’s suit claims that the defendants were responsible for using an automatic telephone dialing system (“ATDS”) to make a call featuring a prerecorded promotional message for Papa John’s Pizza to his cell phone in July 2009. Count I of the complaint seeks statutory…