District Judge Elizabeth A. Wolford


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Debt collection agency Continental Serv. Grp. specializes in the collection of student debt. It allegedly placed up to four nonemergency calls daily—absent consent, written or otherwise—to Jennings’ cellular phone. The calls left messages using an artificially reproduced voice employing text-to-voice technology. Jennings’ lawsuit—individually and on behalf of others similarly situated—alleged Continental’s violation of the Telephone Consumer Protection Act (TCPA) and Fair Debt Collection Practices Act (FDCPA). While otherwise denying Continental’s motion for judgment on the pleadings the court—distinguishing Williams v. Citibank N.A., 565 F. Supp. 2d 523, and Hooks v. Forman Hold Eliades & Ravin LLC—dismissed Jennings’ FDCPA claim without prejudice and granted him leave to replead. Jennings stated a claim under the TCPA, and Continental’s assertion that the TCPA allows automated calls for debt collection where there is prior consent to such calls lacked merit. As to his FDCPA claim Jennings nowhere alleged what kind of debt was owed, nor to whom the debt was owed. Further, Jennings did not allege any facts suggesting that the debts at issue were consumer debts related to personal. family, or household expenses.