District Court (Cal.) — Judge Birotte Issues A Couple on TCPA Post-Spokeo Standing; Reaches Different Conclusions on Different Facts, Suggesting that TCPA Art. III Standing Requires More than Episodic Contacts

In Smith v. Aitima Medical Equipment, Inc., here,  Judge Birotte dismissed a TCPA claim based on lack of Art. III standing.  In Szumilas v. CBE Group, LLC., here, however, Judge Birotte found Art. III standing in a TCPA case.  The difference between the two outcomes seemed to be the volume of the calls.