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CROSSING THE LINE. Plaintiff Voluntarily Dismissed a Complaint That Should Never Have Existed.
Friday, December 12, 2025

Hey TCPAWorld!

Not long ago, a notably curious Plaintiff, Thomas Samataro, (“Plaintiff”) filed a TCPA suit against none other than The American National Red Cross (“Red Cross”). Wondering how things unfolded — I decided to revisit the case.

Samatarao v. Am. Nat’l Red Cross, No. 4:25-cv-10457-FKB-EAS (E.D. Mich. Filed Feb. 18, 2025) was initiated when Plaintiff filed a nationwide TCPA class action against the Red Cross.

On April 11, 2025, the Red Cross filed a Motion to Dismiss Plaintiff’s Complaint. ECF No. 11. There, the Red Cross argued that Plaintiff’s Complaint made his full consent history part of the pleadings and showed he had repeatedly given prior express consent to be called. Specifically, they stated:

“Samataro…fail[ed] to disclose that he actually consented six different times to receive calls from the Red Cross after his alleged revocation of consent and before the first voicemail at issue, and a seventh time before the second voicemail, making his claim meritless.”

ECF No. 9, at 1.

Because the case never advanced to the merits, the full story remains unclear. What is clear is that Plaintiff filed a Voluntary Dismissal on May 2, 2025, dismissing the case. ECF No. 11. Make of that what you will. As for my own view; it’s the Red Cross– this suit shouldn’t have existed to begin with. And judging by Plaintiff’s Voluntary Dismissal, it appears he came around to that same understanding, even if belatedly.

Chat soon.

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