Ranwick v. Texas Gila, LLC

37 F. Supp. 3d 1053, 2014 WL 3891663, 2014 U.S. Dist. LEXIS 108924
CourtDistrict Court, D. Minnesota
DecidedAugust 7, 2014
DocketCiv. No. 13-2792 (RHK/SER)
StatusPublished
Cited by1 cases

This text of 37 F. Supp. 3d 1053 (Ranwick v. Texas Gila, LLC) is published on Counsel Stack Legal Research, covering District Court, D. Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ranwick v. Texas Gila, LLC, 37 F. Supp. 3d 1053, 2014 WL 3891663, 2014 U.S. Dist. LEXIS 108924 (mnd 2014).

Opinion

MEMORANDUM OPINION AND ORDER

RICHARD H. KYLE, District Judge.

INTRODUCTION

In this putative class action, Plaintiff Brian Ranwick alleges Defendant Texas Gila, LLC (“Texas Gila”) called his cellular phone to collect a debt he owed to the Minnesota Department of Revenue (“DOR”) using an automated or prerecorded voice, in violation of the Telephone Consumer Protection Act, 47 U.S.C. § 227 (“TCPA”). The first phase of discovery is complete and Texas Gila moves for summary judgment. For the reasons set forth below, its Motion will be granted.

BACKGROUND

Prior to March 2012, Ranwick’s vehicle was issued two parking tickets by the City of Minneapolis. Although the parties have provided very little factual background, it appears that Ranwick’s sister was using his car when the infractions occurred and never paid the citations. The DOR attempted to collect the fines owed for the two citations and, unsuccessful, hired Texas Gila to collect the fines on its behalf and provided Texas Gila with Ranwick’s cell phone number. Between May and July 2012, Texas Gila called Ranwick’s cell phone twelve times,and left prerecorded messages. (Million Dep. Ex. 3.) Eventually, the DOR recovered payment for the [1055]*1055citations by offsetting Ranwick’s property tax refund.

Ranwick instituted this action on behalf of himself and others similarly situated, asserting Texas Gila’s prerecorded calls to his cell phone violated the TCPA. In its defense, Texas Gila contends Ranwick consented to the calls by providing the DOR with his cell phone number.

The DOR’s records show that Ranwick provided his cell phone number on his 2011 Minnesota and federal tax returns and his 2012 federal tax return. (Widereieh Dep. at 30.) They further indicate that he confirmed his cell phone number during the following three phone calls to the DOR:

• June 16, 2011: “TP called about CACS Loc 2 debt. Verified address is in Plymouth MN, cell phone' is xxx-xxx-3705. Updated address & added phone to contacts.”
• May 25, 2012: “Brian [Ranwick] called. Verified address and phone. He stated that his sister got these tickets driving his car and that his dad will pay for them. I explained that his case has been referred to [Texas Gila] collection agency and told him to contact them to set up payment agreements. Provided him with phone number for [Texas Gila].”
• December 26, 2012: “Brian L Ran-wick called in, address and phone are current. Brian asked for more information about the Oct 15 2012 001 OAD citation, I told him we do not have a citation description for that debt other th[a]n the citation # and origination date, I encouraged him to call the county to find out what offense the citation was for. He said he would call back to arrange payment in full once he knows what the citation was for.”

(Id: Ex. 5.)

On March 25, 2014, Texas Gila made an Offer of Judgment to Ranwick under Federal Rule of Civil Procedure 68 in the amount of $5,500.00, which Ranwick declined. (Poncin Aff. Ex. C.) The parties have completed the first phase of discovery. Defendant moves for summary judgment, asserting the action is moot given its offer of judgment and, alternatively, that it. did not violate the TCPA as a matter of law because Ranwick consented to the phone calls. The Motion has been thoroughly briefed, the Court heard oral argument August 1, 2014, and it is now ripe for disposition.

STANDARD OF DECISION

Summary judgment is proper if, drawing all reasonable inferences in favor of the nonmoving party, there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(a); Ricci v. DeStefano, 557 U.S. 557, 586, 129 S.Ct. 2658, 174 L.Ed.2d 490 (2009). The moving party bears the burden of showing that the material facts im the case are undisputed. Torgerson v. City of Rochester, 643 F.3d 1031, 1042 (8th Cir.2011) (en banc). The Court must view the evidence, and the inferences that may be reasonably drawn from it, in the light most favorable to the nonmoving party. Beard v. Banks, 548 U.S. 521, 529-30, 126 S.Ct. 2572, 165 L.Ed.2d 697 (2006); Weitz Co. v. Lloyd’s of London, 574 F.3d 885, 892 (8th Cir.2009). The nonmoving party may not rest on mere allegations or denials, but must show through the presentation of admissible evidence that specific facts exist creating a genuine issue of material fact for trial. Fed.R.Civ.P. 56(c)(1)(A); Wood v. SatCom Mktg., LLC, 705 F.3d 823, 828 (8th Cir. 2013).

ANALYSIS

I. Mootness

Article III-of the U.S. Constitution limits the jurisdiction of the federal [1056]*1056courts to “cases” and “controversies.” “A case becomes moot — and therefore no longer a ‘Case’ or ‘Controversy’ for purposes of Article III — -when the issues presented are no longer ‘live’ or the parties lack a legally cognizable interest in the outcome. Thus, we will dismiss as moot a case in which changed circumstances have already provided the requested relief and eliminated the need for court action.” Teague v. Cooper, 720 F.3d 973, 976 (8th Cir.2013) (internal quotations and citation omitted). As mootness is a matter of the Court’s subject-matter jurisdiction, the Court must address it before reaching the merits of the case. See Steel Co. v. Citizens for a Better Env’t, 523 U.S. 83, 93-97, 118 S.Ct. 1003, 140 L.Ed.2d 210 (1998).

Texas Gila argues this case is moot because it has offered Ranwick all the relief he is personally entitled to under the TCPA for his claims: $5,500. The TCPA provides $500 statutory damages per violation, plus treble damages if the violation was “willful.” 47 U.S.C. § 227(b)(3). So Texas Gila’s offer would compensate Ran-wick for eleven violations (putting treble damages aside). But Ranwick’s expert testified that Texas Gila’s records indicate it left twelve prerecorded messages on Ranwick’s cell phone (Million Dep. at 24 & Ex. 3), which would entitle him to at least $6,000.00 in damages under the TCPA. Viewing the evidence in the light most favorable to Ranwick, Texas Gila did not offer Ranwick all of the damages he may be entitled to under the TCPA and its Offer of Judgment therefore did not moot the action.

II. TCPA Violations

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Bluebook (online)
37 F. Supp. 3d 1053, 2014 WL 3891663, 2014 U.S. Dist. LEXIS 108924, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ranwick-v-texas-gila-llc-mnd-2014.