On August 1, a New Jersey federal judge issued a one-page order dismissing a Telephone Consumer Protection Act class action based on the Supreme Court’s recent ruling in Spokeo, Inc. v. Robins. 

In Susinno v. Work Out World, Inc., Plaintiff Noreen Susinno had a prior gym membership with Work Out World (“WOW”).  According to the Complaint, WOW left a pre-recorded message on Susinno’s cell phone advising her of a gym membership price increase and offering her and two friends discounted rates if she responded to the offer.  Susinno sought to certify a nationwide class of persons who received similar messages without first providing their express consent. 

WOW subsequently filed a motion to dismiss, relying on the Supreme Court’s decision in Spokeo, arguing that Susinno asserted only bare procedural violations and no concrete harm.  “Indeed, the Complaint offers not a single allegation that the Plaintiff suffered any harm whatsoever and instead simply alleges a mere statutory violation of the TCPA,” argued WOW.  In opposition, Susinno claimed that WOW’s violation: (1) was an invasion of her privacy; (2) caused her aggravation and annoyance; (3) wasted her time; (4) caused the loss of use of her phone during the time that it was receiving incoming calls from WOW; and (5) depleted the battery life on her cell phone. 

Relying on the reasons stated from the bench during the hearing on WOW’s motion to dismiss, Judge Sheridan issued a one-page order granting WOW’s motion and dismissing the matter with prejudice.  Susinno immediately filed her appeal to the Third Circuit. 

Troutman Sanders will continue to monitor the developments of this case on appeal.