Twc Lawsuit: As an Overview

How Do I Proceed With a TC Complaint?

A Twc lawsuit is a case filed by Twc Customer Care against Tri State Marketing and Analytics, LLC for alleged violations of FTC regulations. According to the complaint filed by Twc, Tri State’s marketing strategy “depicted individuals as customers at one point in time who were never in a position to purchase” and “never provided any opportunity to listen to or otherwise learn anything about the services” offered. Further, it is alleged that Twc failed to appropriately warn customers about the potential pitfalls associated with its “location-based” advertising approach. Specifically, the complaint contends that Tri State failed to appropriately warn Twc customers that the advertising would require consumers to “relocate” and that it would use “certain” locations in its advertisements as reference points.

In its answer, Twc contends that it has strictly followed the guidelines and requirements of the FTC and asserts that it has not been properly worded or justified in its claim that it has adhered to all of the applicable guidelines. On this basis, the complaint will not move forward in the case. But it does not end there. The complaint is also factually inaccurate and contains many factual errors, particularly in its discussion of the location data use cases. Specifically, the complaint fails to properly identify what location data means, why location data affects the definition of a marketing communication, how location data affects the FTC’s guidelines, and how the location data issue should affect Twc’s current marketing plan.

Further, the complaint fails to show that there is any reason for the courts to conclude that Tri State’s marketing plan could be reasonably interpreted to limit the protection of customers from harm to competitors. Finally, the complaint lacks any supporting proof that any harm or damage resulted from Tri State’s allegedly deceptive and unprofessional practices. The motion also fails to show that Twc has incurred any damages, and if it does, this does not warrant granting the motion and allowing Tri State to go forward in the case. Accordingly, the motion will deny the motion and the case will be dismissed. On remand, the court will enter judgment against Tri State.

The complaint also fails to make clear what it is that the FTC meant by “divert” in this phrase. According to the complaint, “Divert” means “to turn away or escape.” However, according to the United States Department of Justice, “divert” means “to withhold or fail to turn over something to someone else.” Therefore, on remand, the court will enjoin the defendant from diverting any monies owed to the plaintiff.

Assuming that the complaint is accurate, Tri State defendants argue that plaintiffs’ complaint lacks any claim to damages because they are bound to pay costs of their own counsel, which are addressed in the complaint. The United States Magistrates’ Association urges the court to allow the plaintiffs to recover costs from Twc in three ways: (a) by permitting the defendants to “resolve” the case through arbitration; (b) by allowing the defendants to present a demurrer against the plaintiff; or (c) by allowing the plaintiff to amend its complaint after the case has been dismissed by the court. The United States Court of Appeals for the District of Columbia Circuit has previously held that the plaintiff may recover costs only if the case has been resolved. Furthermore, if the case was allowed to go to trial, then “the plaintiff would lose its right to recovery and the costs it would have received would be unreasonably small.” On remand, the court determines that plaintiffs are not entitled to recover any costs unless and until the United States Magistrates’ Association “moved in the third argument.”

Pursuant to the terms of its agreement with plaintiffs’ attorney, defendants maintain that it will not undertake to arbitrate unless the complaint is properly filed with the court. To this end, defendants are free to file a complaint and to pursue an arbitrator as soon as the case is filed. If the complaint has not been properly filed with the court, defendants are urged to promptly enter into arbitration. The court will then enter a decree after hearing the case.

Leave a Reply

Your email address will not be published. Required fields are marked *