ST. LOUIS - U.S. District Judge Stephen Limbaugh has dismissed Telephone Consumer Protection Act claims against a number of defendants in a proposed class action.
Levine Hat Co. filed its original complaint against Innate Intelligence LLC and Nepute Enterprises LLC last year in the U.S. District Court for the Eastern District of Missouri. Earlier this year, the plaintiff amended the complaint to add an additional nine defendants, identified as falling into three groups, some of whom argued for dismissal based on lack of personal jurisdiction.
The claims against the defendants included allegations that "opt-out" notices contained in faxes that promoted things such as a "Free Lunch 'n Learn on Stress Management for your employees," did not comply with minimum requirements spelled out by federal statute.
The plaintiff alleges that the defendants are directly liable for the alleged TCPA violations because faxes were sent on their behalf and "they are vicariously liable because defendant Innate was their alter ego and/or agent."
Defendants in subgroups identified as the Bria, Eyler and Pure defendants argued that they did not have sufficient contacts with Missouri for the court to exercise personal jurisdiction consistent with Missouri's long-arm statute and the requirements of due process.
Regarding Pure Family Chiropractic, the court had allowed the plaintiff to take discovery to try to establish that Pure was an alter ego of Innate, and thus subject to personal jurisdiction.
"Plaintiff failed to take any discovery," Limbaugh wrote in the Nov. 7 order. "Further, plaintiff’s argument in favor of the 'alter ego' analysis is identical to its argument that was rejected by this Court in July.
"Based on the foregoing, the Court finds that plaintiffs have failed to allege sufficient facts that the Court may assume personal jurisdiction over the Pure and Eyler defendants under Missouri’s long-arm statute and the Due Process Clause," he ruled.