Mey v. Pep Boys-Manny, Moe & Jack

KETCHUM, J.:

The plaintiff below, Diana Mey (“plaintiff’), appeals an order from the Circuit Court of Ohio County, granting the defendants’ motion to dismiss pursuant to Rule 12(b)(6) of the West Virginia Rules of Civil Procedure. The plaintiff filed a class action complaint alleging that the defendants, The Pep Boys, Southwest Vehicle Management, Inc., and Lanelogic Inc. (“defendants”), violated the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227, et seq., by leaving an automated voicemail message at her residence in response to a classified advertisement that the plaintiffs son…