On July 2, 2025, in an unpublished decision, the Sixth Circuit Court of Appeals affirmed the dismissal of a Telephone Consumer Protection Act (TCPA) lawsuit against Ally Financial, Inc.
Antonio L. Fluker, Jr., is currently incarcerated for wire fraud and money laundering. Throughout his detention, Fluker has filed several pro se lawsuits against a host of different defendants—often seeking to recover under a statutory liquidated-damages provision. See, e.g., Fluker v. Trans Union, LLC, No. 1:22-cv-12240, 2023 WL 6294186 (E.D. Mich. Sep. 27, 2023).
Here, he sued Ally Financial for allegedly making over 800 calls to his cell phone using an automatic telephone dialing system (ATDS) and prerecorded voice messages, seeking to collect on an auto finance contract.
- Simply repeating the elements of a TCPA claim—such as alleging use of an ATDS or prerecorded voice—without supporting facts does not meet federal pleading standards. Plaintiffs must provide specific details that make their claims plausible, not just possible.
- While Fluker alleged a high volume of calls (over 800 in 20 months), this fact alone does not plausibly suggest the use of an ATDS or prerecorded voice.
- The court noted that calls made to collect a specific debt are less likely to involve a random or sequential number generator, a key requirement for ATDS liability under the TCPA.
Fluker v. Ally Fin., Inc., No. 24-1023, 2025 WL 1827747 (6th Cir. July 2, 2025).
