Antitrust Law Daily Wrap Up, PRIVACY—M.D. Fla.: Injunctive relief limited to individual’s TCPA claim, (Oct 19, 2015)

By Michael Menzhuber, J.D., LL.M.

The federal district court in Tampa entered a judgment of injunctive relief and dismissed for lack of subject matter jurisdiction an individual’s Telephone Consumer Protection Act (TCPA) claim against Obama for America (OA) and DNC Services Corporation, also known as the Democratic National Committee (DNC). The court determined that the injunctive relief offered by the defendants to settle the case provided the individual with complete relief with respect to her TCPA claim (Shamblin v. Obama for America, October 16, 2015, Covington, V.).

Background. Lori Shamblin filed a putative class action against OA in September 2013, alleging violations of the TCPA. Shamblin asserted that she received two unsolicited auto-dialed telephone calls, paid for by OA, which left pre-recorded messages on her cellular telephone voicemail system. In 2014, Shamblin was granted leave to amend her complaint to add the DNC and New Partners Consulting, Inc. as defendants, alleging that they assisted and participated in the calling of voters’ cell phones.

In April 2015, Shamblin’s motion to certify a class was denied. Thereafter, New Partners entered into a settlement agreement with Shamblin that offered her full monetary relief. The remaining defendants subsequently sought to settle with Shamblin by agreeing to entry of an injunction that enjoined them from violating the TCPA in the future by placing auto-dialed or prerecorded calls to Shamblin’s cell phone and any other of Shamblin’s phones.

Injunction Relief. The defendants sought entry of the injunction and, thereafter, dismissal of the case, because Shamblin had been offered full relief. Shamblin, while conceding that she had been fully compensated monetarily by New Partners, contended that her claims had not been satisfied because she was entitled to a broader injunction which would bar the defendants from violating the TCPA in the future by placing auto-dialed or prerecorded calls to any cell phone without permission.

The court noted that “injunction relief should be no more burdensome to the defendant than necessary to provide complete relief to the plaintiff.” Because her class certification had been denied, Shamblin was only entitled to individual relief. Consequently, the defendants’ agreement to be bound by an injunction that prohibited them from making calls to Shamblin that were in violation of the TCPA offered her full and complete with respect to her individual TCPA claim.

The case is No. 8:13-cv-2428-T-33TBM.

Attorneys: Andrew L. Quiat (Andrew L. Quiat, P.C.), Jack D. McInnes (Paul McInnes LLP), Jeffrey M. Paskert (Mills Paskert Divers, PA) and Joseph J. Mellon (The Mellon Law Firm) for Lori Shamblin. Dale Thomas Golden (Golden Scaz Gagain, PLLC) and Debra R. Bernard (Perkins Coie, LLP) for Obama for America and DNC Services Corp.

Companies: DNC Services Corp.

Cases: Privacy FloridaNews