Buslepp v. Improv Miami, Inc. » The Florida E-Discovery Case Law Database » Levin College of Law » University of Florida

Buslepp v. Improv Miami, Inc.

Buslepp v. Improv Miami, Inc.

Case Date: 05/04/2012
Citation: Buslepp v. Improv Miami, Inc., No. 12–60171–CIV, 2012 WL 1560408 (S.D. Fla. May 5, 2012)
Court Type: Federal District
Court: Southern District of Florida (S.D. Fla.)
Judge: Federal District Judge: James I. Cohn

Plaintiff brought a class action lawsuit against Defendant pursuant to the Telephone Consumer Protection Act (TCPA), alleging Defendant sent unsolicited text messages. Defendant moved to dismiss.


The Court denied Defendant’s motion to dismiss. Plaintiff’s allegations were sufficient under Twombly and Iqbal because they contained certain factual allegations and put the Defendant on notice. Further, contrary to Defendant’s assertion, Plaintiff did not need to be charged for the text message to have standing for the lawsuit as the use of a disjunctive “or” covered different situations.

Relevant Documents:

Motion to Dismiss (Doc. 6)

Response in Opposition to Motion to Dismiss (Doc. 8)

Order Denying Motion to Dismiss (Doc. 17)

E-Discovery Issues: Motion to Dismiss
E-discovery subjects: Cell phone, Phone records, Text message

Published: January 30th, 2018

Category: Uncategorized

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