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Ohio Attorney General Mike DeWine
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Plaintiff filed suit against multiple telemarketers for violations of the TCPA and the CSPA based upon telemarketing calls made on behalf of Discover Card. The Court dismissed Plaintiff's CSPA claims against Discover, holding that the solicitations constituted a transaction between a financial institution and its customers, and was therefore exempt from the CSPA. The Court dismissed Plaintiff's CSPA claims against the telemarketers because he had failed to state a claim that telemarketing calls that allegedly violate the TCPA also violate the CSPA, absent some allegation of deception. The Court also dismissed Plaintiff's claim that Defendants violated the CSPA by using a fictitious name that had not been registered with the Ohio Secretary of State, finding that, absent an allegation that the use of the fictitious name is deceptive or intended to deceive, there is no violation of the CSPA.
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