Zondlo v. Allied Interstate, LLC

Filing 45

ORDER (memorandum filed previously as separate docket entry), re 27 MOTION for Summary Judgment filed by Allied Interstate, LLC and 36 Cross MOTION for Summary Judgment filed by Cheryl Zondlo.Signed by Honorable James M. Munley on 2/12/18. (sm)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
CHERYL ZONDLO,
Plaintiff
v.

:
No. 3:16cv936
:
:
(Judge Munley)
:
ALLIED INTERSTATE, LLC,
:
Defendant
:
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ORDER
AND NOW, to wit, this 12th day of February 2018, in consideration of the
parties’ cross-motions for summary judgment (Docs. 27, 36) it is hereby
ORDERED:
1. Defendant’s motion is DENIED to the extent that plaintiff does have
standing to pursue this claim;
2. Plaintiff’s motion is GRANTED to the extent that the defendant is
collaterally estopped from relitigating the question of whether defendant’s dialing
software constitutes an automated dialing telephone system under the
Telephone Consumer Protection Act of 1991, 47 U.S.C. § 227;
3. Defendant’s dialing software, aQrate, is an automated dialing telephone
system for the purposes of this case;
4. The parties motions are DENIED with respect to the issue of whether the
defendant had consent to call the plaintiff after October 7, 2015; and

5. The parties motions are DENIED with respect to the issue of whether the
defendant was entitled to continue placing calls to plaintiff’s 9301 Landline
Number after November 18, 2015.

BY THE COURT:

_s/ James M. Munley______
JUDGE JAMES M. MUNLEY
United States District Court

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