Osorio v. State Farm Bank, F.S.B., No. 13-10951 (11th Cir. 2014)Annotate this Case
Plaintiff filed suit against State Farm under the Telephone Consumer Protection Act (TCPA), 47 U.S.C. 227, which provides a damages remedy for cellular-phone subscribers who received autodialed phone calls without having given prior express consent to receive such calls. State Farm, in turn, sued Clara Betancourt, plaintiff's housemate who had listed plaintiff's number as an emergency contact number, for the balance due on Betancourt's delinquient credit-card account and for its legal expenses in defending itself against plaintiff's TCPA lawsuit. Determining that it had jurisdiction, the court reversed the district court's grant of summary judgment to State Farm on plaintiff's TCPA claim and reversed the grant of summary judgment to State Farm on its negligent misrepresentation claim against Betancourt because there were various genuine disputes of material fact regarding both complaints. The court remanded for further proceedings.