Zean v. Fairview Health Services

Plaintiff filed suit against Fairview, alleging that the company made unauthorized telemarketing calls in violation of the Telephone Consumer Protection Act (TCPA), 47 U.S.C. 227. The Eighth Circuit affirmed the district court's grant of Fairview's motion to dismiss, holding that whether consent is an affirmative defense is irrelevant to the Rule 12(b)(6) inquiry; the exhibits at issue were documents embraced by the pleadings that may be considered by the court; the district court did not commit plain error in concluding that the documents were properly authenticated documents reflecting an aspect of the parties' contractual relationship; given the contractual relationship alleged in the complaint, the district court did not err in considering the documents as reflecting plaintiff's pre-purchase consent; and Fairview's telemarketing calls were within the scope of the consent established. View "Zean v. Fairview Health Services" on Justia Law