In Zweigenhaft v. Receivables Performance Management, plaintiff alleged that defendant violated the FDCPA after leaving a voice mail message that identified itself as a debt collector, which was coupled with a return phone call where the voice mail's intended recipient was disclosed to a third party after plaintiff's son heard the message and returned the call. The parties filed cross motions for summary judgment, and the court entered judgment in defendant's favor, finding there was no violation because allowing debt collectors to leave voice mail messages with the minimum required disclosures was preferable to multiple hang up calls, and the debt collector acted with due care to ensure the debtor's privacy.
In Ybarra v. Dish Network, plaintiff alleged that defendant violated the TCPA by calling his cell phone without consent and with an autodialer. Defendant moved for summary judgment, arguing that it had consent to call from a third party - the intended recipient of the calls. The court rejected the argument, finding plaintiff was the subscriber of the cell phone, had standing to assert the TCPA claim and that the consent defendant claimed to have was not effective for those calls directed to plaintiff.
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