Breda vs. Celco Partnership d/b/a Verizon Wireless (District Court, Massachusetts – November 17, 2017) – Case No. 16-cv-11512.
Plaintiff, through attorneys Keith Keogh and Sergei Lemberg, filed a TCPA class action against our client based on telephone calls to her Republic Wireless mobile phone. We filed a Motion for Summary Judgment arguing Republic Wireless does not provide “cellular” telephone service. Judge Denise Casper agreed stating: “when [Plaintiff] changed her phone service to Republic, who in turn ported her number to Bandwidth to offer her VoIP-preferred service, it became indistinguishable from a VoIP phone number…. Accordingly, [Plaintiff] has not established that she received the Verizon Calls on a cellular telephone service and her claims fail as a matter of law.”