In a recent Southern District of Texas decision, the court held that contacting a cell phone number with an area code assigned to a particular state, by itself, is insufficient to establish personal jurisdiction over an out-of-state defendant when the call gives rise to an alleged claim under the Telephone Consumer Protection Act (TCPA). See Cantu v. Platinum Mktg. Grp., LLC, Case No. 1:14-cv-71, 2015 U.S. Dist. LEXIS 90824 (S.D. Tex. July 13, 2015). In Cantu, plaintiff alleged that defendant placed automated calls to his cellular telephone without his permission in violation of the TCPA. On plaintiff’s motion for default judgment, the court considered its jurisdiction over defendant, a Florida corporation. Plaintiff argued that the court had specific personal jurisdiction over defendant because “the phone number at which it reached Plaintiff has a Texas area code of 956.” Essentially, plaintiff analogized calling a cell phone number with a Texas area code to directing a letter to a Texas resident. Recognizing that we live in a very mobile society such that people keep their cellphone numbers as they move state to state, the Court determine[d] that showing that a TCPA defendant called a phone number in an area code associated with the plaintiff’s alleged state of residence does not, by itself, establish minimum contacts with that state” to allow the court to exercise personal jurisdiction over the defendant. The Cantu decision is in line with case law in the Northern District of Illinois. See e.g., Sojka v. Loyalty Media, LLC, Case. No. 14-CV-770, 2015 U.S. Dist. LEXIS 666045 at *7 (N.D. Ill. May 15, 2015) (holding that text messages directed at cell phone numbers in Illinois area code did not demonstrate purposeful availment). Some district courts, however, have ruled to the contrary. See e.g., Luna v. Shac, LLC, Case No. C14-00607 HRL (N.D. Cal. July 14, 2014) (holding that “where [defendant] intentionally sent text messages directly to cell phones with California based area codes, which conduct allegedly violated the TCPA and gave rise to this action, [defendant] expressly aimed its conduct at California”). Nonetheless, the Cantu and Sojka decisions should be of use to TCPA defendants wishing to challenge jurisdiction, specifically where the plaintiff has failed to suggest any evidence, aside from the phone’s area code, that defendant knew the plaintiff was a resident of that particular state.
For more information on personal jurisdiction and/or the TCPA generally, contact Katherine Olson at (312) 334-3444 or firstname.lastname@example.org.