Vintage Stock Denies It’s Guilty of Knowing and Willful TCPA Wrongdoing
Plaintiffs Sheila and Dennis Thompson are "precluded" from recovering any damages from Vintage Stock for a willful or knowing Telephone Consumer Protection Act violation, said the home entertainment retailer’s answer Thursday (docket 4:23-cv-00042) in U.S. District Court for Eastern Missouri…
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in St. Louis to the Thompsons’ March 1 first amended complaint. Any such violation, which Vintage Stock denies occurred, wouldn’t have been willful or knowing, “but instead would have been unintentional and resulted from a bona fide error notwithstanding the exercise of reasonable efforts to fully comply with the law,” said its answer. The Thompsons allege Vintage Stock sent them dozens of promotional text messages over several years. They’re currently seeking to remand count II of their first amended complaint to St. Louis County Circuit Court where the complaint originated before Vintage Stock removed it from federal court in January 2023. Their remand motion came days after U.S. District Judge Stephen Clark granted Vintage Stock’s motion to dismiss without prejudice that count of the Thompsons’ complaint (see 2402090027). The judge found that the Thompsons lacked standing to bring the count II allegation that Vintage Stock failed to institute procedures for maintaining a list of persons who request not to be called.