Leyse v. Bank of America, National Ass'n
Court of Appeals for the Third Circuit
1Opinion of the Court
OPINION
McKEE, Chief Judge.
Rarely has one phone call led to so much litigation. In this case, Mark Leyse ap peals the District Court’s dismissal of his Complaint against Bank of America (“BoA”), in which he alleged a violation of the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227(b)(1)(B). For the reasons that follow, we will vacate and remand for further proceedings. 1
I. BACKGROUND
On March 11, 2005, DialAmericaMarketing, Inc. (“DialAmerica”), telephoned Leyse on his residential telephone line, which is also associated with Leyse’s roommate, Genevieve Dutriaux. The call contained…
2Cases cited16 opinions
- American Pipe & Construction Co. v. UtahSupreme Court of the United States · 1974
- Crown, Cork & Seal Co. v. ParkerSupreme Court of the United States · 1983
- Mandel v. BradleySupreme Court of the United States · 1977
- Russell v. PlaceSupreme Court of the United States · 1877
- Jean Alexander Cosmetics, Inc. v. L'OreaL Usa, Inc. Redkin 5th Avenue, N.Y.CCourt of Appeals for the Third Circuit · 2006
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