Hi TCPAWorld! Lots of excitement from all the one-to-one action, but here’s a reminder of some litigation basics curtesy of Magistrate Judge Jeffrey L Cureton out of the Nothern District of Texas.

In Kelly Bland v. Everdays, Inc., Judge Cureton handed defendants a procedural victory, recommending dismissal for lack of general personal jurisdiction and transferring the case to the District of Delaware. No. 4:24-CV-946-P, 2025 WL 297826 (N.D. Tex. Jan. 2, 2025), report and recommendation adopted sub nom. KELLY BLAND, Plaintiff, v. EVERYDAYS, INC., ET AL., Defendants., No. 4:24-CV-00946-P, 2025 WL 295735 (N.D. Tex. Jan. 24, 2025).

In this case, Kelly Bland, a Texas resident proceeding pro se, accused Everdays, a Delaware-based company, of violating the TCPA through unwanted robocalls made by an offshore telemarketing entity identified only as “John Doe.” Bland also claimed Everdays was vicariously liable for these calls and brought additional claims under Texas state law. However, Everdays struck back with a Federal Rule of Civil Procedure 12(b)(2) motion, arguing “Everdays contacts with the State of Texas are far too sparse for it to be considered “at home” such that the Court may exercise general jurisdiction over it.”

The court agreed with Everdays, noting that general jurisdiction requires “continuous and systematic” contacts with the forum state, a high bar that Everdays clearly didn’t meet. Despite Bland’s assertions that Everdays had a registered agent in Texas and some limited business activity in the state, the court emphasized that neither registering to do business nor minimal commercial activity is enough to establish general jurisdiction. The court also found Bland’s allegations of vicarious liability vague and unsupported by concrete facts linking Everdays to the alleged illegal telemarketing.

Faced with dismissal, Bland requested the case be transferred to Delaware, a move Everdays did not oppose. The court recommended the transfer, sparing Bland’s claims from outright dismissal while ensuring the litigation proceeds in the proper forum.

This case highlights a crucial reality in TCPA litigation: jurisdiction matters! For plaintiffs, it’s a reminder to thoroughly research and plead the defendant’s forum ties with specificity. For defendants, it shows the power of jurisdictional challenges as a tool to limit forum shopping and shift litigation to more favorable venues.

Read the full recommendations here: KELLY BLAND v EVERDAYS INC ET AL.