Prukala v. Elle

MEMORANDUM

A. RICHARD CAPUTO, District Judge.

Presently before the Court is a Motion to Dismiss filed by Defendant Hearst Communications, Inc.1 (“Hearst”) (Doc. 3). Hearst moves to dismiss Plaintiff Christina Prukala’s Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). In each count of the Complaint, because Plaintiff has failed to state a claim upon which relief can be granted, Hearst’s motion to dismiss will be granted.

BACKGROUND

The facts as alleged in the Complaint are as follows:

Plaintiff received a series of electronic mail messages on her cellular telephone soliciting, either…