LOS ANGELES (Legal Newsline) – A pair who say they received illegal text messages from Michael Bloomberg’s Presidential campaign are resisting the billionaire’s efforts to have their lawsuit heard in federal court.
Michelle Parrella and Neil Hobbs on Sept. 30 filed a motion to remand their case back to Los Angeles Superior Court, arguing Mike Bloomberg 2020 hasn’t met its burden for its decision to remove the case in early September.
The claims under the federal Telemarketing Consumer Protection Act can be heard by both state and federal courts, the plaintiffs say.
“In enacting the TCPA, Congress intended to give consumers a choice on how to enforce the law on behalf of Congress,” the motion to remand says.
“The TCPA does not state that a private plaintiff may bring an action under the TCPA ‘only’ in state court, or ‘exclusively’ in state court. Nor does it say that federal court has the sole adjudicatory authority for private actions brought under this statute.”
Bloomberg’s campaign is already facing a class action from staffers who were let go despite promises they would enjoy employment through the general election, even if Bloomberg dropped out. Mike Bloomberg 2020 says they signed contracts that stipulated they could be fired at any time.
The TCPA lawsuit filed July 15 in Los Angeles Superior Court is a popular cause against political campaigns over the texts they send. The plaintiffs say they never requested the texts and asked them to stop to no avail, in violation of the Telephone Consumer Protection Act.
The TCPA provides for statutory penalties of $500 per violation and $1,500 per violation in more egregious instances.
The lawsuit says Bloomberg 2020 used an autodialer, also in violation of the TCPA.