Robo-calls can be a real pain and have shown up in litigation time and again. The named defendants were involved in such a dispute that led to this case.
Michael Pickering brought a class action complaint against Defendants ADP Dealer Services, Inc., The Cobalt Group, Inc., Autotegrity, Inc., UpSurge Media Group, LLC, eFlow Media LLC, Dedicated Media, Inc., Swaha Media LLC, Advert Marketing, Inc., and Adsource Marketing, Ltd., seeking to enjoin defendants' alleged practice of making unsolicited text message calls to consumers' cellular telephones. eFlow moved to dismiss for lack of personal jurisdiction and improper venue. For the reasons set forth below, the Court granted the motion.
eFlow's core business is the generation of sales leads for companies through the use of its publisher network. This is usually done through e-mails and website banner ads. eFlow is paid by the advertisers on a per-lead basis. eFlow markets itself to potential advertisers through online marketing on its own website and passive marketing via social media such as Facebook and Twitter.
The majority of eFlow's publishers apply to be part of eFlow's network through the company's website. However, most advertisers contact eFlow by telephone first. The website is accessible nationally.
A court may assert specific jurisdiction over a defendant if: "(1) the defendant has purposefully directed [its] activities at the forum state or purposefully availed [it]self of the privilege of conducting business in that state, and (2) the alleged injury arises out of forum-related activities that the defendant purposefully directed at the forum state."
Tamburo, 601 F.3d at 702. In a case like this one, the Court "focuses on whether the conduct underlying the claims was purposefully directed at the forum state."
Id.
Pickering failed to show prima facie that specific jurisdiction over eFlow is appropriate.
For the reasons stated above, the Court granted defendant eFlow's motion to dismiss for lack of personal jurisdiction and terminated as moot its motion to dismiss for improper venue [docket nos. 25 & 26]. Plaintiff's claims against defendant eFlow Media, LLC were dismissed for lack of personal jurisdiction.
MICHAEL PICKERING, individually and on behalf of all others similarly situated, Plaintiff,
ADP DEALER SERVICES, INC., f/k/a THE COBALT GROUP, INC., AUTOTEGRITY, INC., UPSURGE MEDIA GROUP, LLC, EFLOW MEDIA LLC, SWAHA MEDIA LLC, ADVERT MARKETING INC., and ADSOURCE MARKETING, LTD., Defendant.
Case No. 12 C 6256.
March 13, 2013.
United States District Court, N.D. Illinois, Eastern Division
http://scholar.google.com/scholar_case?case=3396092461559899145&q=Facebook+AND+2013&hl=en&as_sdt=4,14,112,127,268,269,270,271,272,314,315,331,332,333,334,335,377,378