In Eaton v. Midland Credit Mgmt., No. 16cv3025-MMA (MDD), 2019 U.S. Dist. LEXIS 82346 (S.D. Cal. May 15, 2019), Judge Anello held that TCPA/FDCPA claims survive a Plaintiff’s death.
Additionally, the claims pleaded are not extinguished. Decedent asserted claims under the TCPA and FDCPA. See Doc. No. 1-1. The Ninth Circuit has recognized that claims under the [*3] FDCPA survive the plaintiff. Cruz Int’l Collection Corp., 673 F.3d 991, 996 (9th Cir. 2012) (issuing an order regarding the FDCPA after plaintiff was substituted). Also, TCPA claims seeking monetary damages do not expire upon the plaintiff’s death. See Jewett v. Bishop, White Marshall & Weibel, P.S., No. CV 12-10142 PSG (MRWx), 2013 U.S. Dist. LEXIS 181608, 2013 WL 6818245, at *2 (C.D. Cal. Feb. 25, 2013) (finding that “the claims pleaded are not extinguished” and permitting substitution by sole distribute of decedent’s estate in action asserting claims under the FRCPA, RFDCPA, and TCPA). Moreover, Alabama state law tort claims do not expire upon a plaintiff’s death. See, e.g., Ala. Code § 6-5-462 (1975) (“In all proceedings not of an equitable nature, all claims upon which an action has been filed and all claims upon which no action has been filed on a contract, express or implied, and all personal claims upon which an action has been filed, except for injuries to the reputation, survive in favor of and against personal representatives[.]”); see also Bobo v. Agco Corp., 981 F. Supp. 2d 1130, 1133-34 n.6 (N.D. Ala. 2013).