In Adamo v. Synchrony Bank, 2016 WL 3621129, at *1 (M.D.Fla., 2016), Judge Dalton refused to stay a TCPA case based on the ACA proceedings pending before the DC Circuit because the 11th Circuit will not be bound by it.
Defendant seeks a stay of this action pending resolution of appeals that were pending before the U.S. Supreme Court and a U.S. Circuit Court of Appeals. (See Doc. 19.) The Stay Motion is due to be denied because the U.S. Supreme Court has resolved Spokeo, Inc. v. Robins, 136 S. Ct. 1540, 1549 (2016), and the matter pending before the Circuit Court for the District of Columbia will be merely persuasive authority in the U.S. Court of Appeals for the Eleventh Circuit. The Rule 12 Motion also is due to be denied because the Complaint provides sufficient factual allegations to state a plausible claim under the TCPA. (See Docs. 1, 18.)