Hashw v. Department Stores National Bank

MEMORANDUM OPINION AND ORDER

RICHARD H. KYLE, District Judge.

INTRODUCTION

In this action, Plaintiff Ameer Hashw alleges that he received calls on his cellular phone from Defendants Department Stores National Bank (“DSNB”) and FDS Bank (“FDS”) without his consent. He alleges that these calls were made using an automatic telephone dialing system (“ATDS”) in violation of the Telephone Consumer Protection Act, 47 U.S.C. § 227(b) (“TCPA”). Defendants now move to dismiss. For the reasons that follow, their Motion will be denied.

BACKGROUND

Hashw opened a Macy’s credit card through DSNB in 2006. (Am.…