Law360 (August 13, 2019, 9:14 PM EDT) -- A California federal judge on Monday tossed out a putative TCPA class action against The Kroger Co., ruling that the grocery chain's calls referenced in the suit were made to warn customers about salmonella-tainted beef, and chastising the plaintiff for omitting that information from his complaint to make the calls look "nefarious."
In his January suit, Derrick Brooks accused Kroger of using an automated dialing system to call him for marketing purposes in violation of the Telephone Consumer Protection Act. In his complaint, Brooks cited portions of online customer complaints about the calls as evidence they were made illegally.
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