Couser v. Pre-Paid Legal Services, Inc.

ORDER RE: CALLFIRE’S MOTION TO DISMISS

LARRY ALAN BURNS, District Judge.

This is a Telephone Communications Protection Act case in which Couser accuses Defendants of making approximately 40 unsolicited and prerecorded calls to her cell phone. Now before the Court is Call-Fire’s motion to dismiss. CallFire’s basic argument is that it’s an “intermediate software provider” that doesn’t itself control the content, destination, or timing of calls, and therefore can’t be liable under the TCPA. The implication of this, of course, is that if there are culprits in this case, they are Legal Shield and…