Nano Hearing Aids Triumphs in Federal TCPA Case
17 Julio 2024 - 7:56AM
Nano Hearing Aids® is pleased to announce a significant legal
victory as a California federal court has dismissed all claims
against the company in a 2024 Telephone Consumer Protection Act
(TCPA) case. The putative class action lawsuit had alleged
violations of the TCPA based on phone calls allegedly made by a
“lead generator” used by one of Nano’s media vendors. The company
was represented in this litigation by Michael L. Simes at Simes Law
P.C., whose legal expertise was instrumental in achieving this
favorable outcome. Simes, who is based in New York worked closely
with Ken Fitzgerald at San Diego’s Fitzgerald Knaier LLP.
In a thorough and reasoned opinion, Judge Barry T. Moskowitz of
the United States District Court for the Southern District of
California held that the plaintiff’s complaint failed to plausibly
allege that Nano could be held either directly or vicariously
liable for any of the calls that were allegedly made to the
plaintiff. Unlike other courts that have stopped their TCPA
analysis there, Judge Moskowitz went further and addressed the
glaring standing and class certification problems with the
plaintiff’s complaint against Nano. Ultimately, the Court not only
dismissed the TCPA causes of action but also held that the
plaintiff lacked standing and struck the class allegations,
providing Nano with a total victory.
“We are incredibly pleased with the court’s decision to dismiss
this case,” said Ryan F. Zackon, CEO of Nano Hearing Aids®. “This
outcome validates our steadfast adherence to legal and ethical
guidelines in our communications and marketing practices. We extend
our deepest gratitude to Michael for his outstanding representation
and dedication.”
“Nano Hearing Aids continues to prioritize compliance and
transparency under its new CEOs leadership,” said Michael Simes.
“We are delighted that the court recognized the merit of our
arguments and dismissed these claims. This decision also
underscores the importance of fighting these types of claims
forcefully at the beginning of the litigation through motion
practice. TCPA actions, many of them frivolous, continue to clog
the judicial system on a daily basis. Decisions like the one in
this case will hopefully make it easier to defeat these claims
without costly and time-consuming discovery and class
litigation.
Nano Hearing Aids® remains dedicated to providing affordable,
OTC compliant and FDA registered, high-quality hearing solutions to
its customers. This legal victory allows the company to continue
its mission without distraction, ensuring that customers receive
the best possible products and services.
About Nano Hearing Aids
Nano Hearing Aids® has been a leader in hearing aid technology
for over 7 years, known for its innovative solutions and
customer-centric approach. All Nano products are OTC compliant and
FDA registered.
For more information, please contact:
Leah RitzDirector of
Marketing/Communicationmedia@nanohearingaids.com
Michael L. SimesSimes Law P.C.646.499.0676mike@simespc.com
A photo accompanying this announcement is available at
https://www.globenewswire.com/NewsRoom/AttachmentNg/328def29-e6c7-4368-9a81-ad767bc12ce0