Company Triumphs in Federal TCPA Case as Claims Dismissed
Nano® Hearing Aids Triumphs in Federal TCPA Case
California federal court has dismissed all claims against the company
LA JOLLA, Calif., July 17, 2024 (GLOBE NEWSWIRE) — Nano Hearing Aids® is pleased to announce a significant legal victory as a California federal court has dismissed all claims against the company in a 2024 Telephone Consumer Protection Act (TCPA) case. The putative class action lawsuit had alleged violations of the TCPA based on phone calls allegedly made by a “lead generator” used by one of Nano’s media vendors. The company was represented in this litigation by Michael L. Simes at Simes Law P.C., whose legal expertise was instrumental in achieving this favorable outcome. Simes, who is based in New York worked closely with Ken Fitzgerald at San Diego’s Fitzgerald Knaier LLP.
In a thorough and reasoned opinion, Judge Barry T. Moskowitz of the United States District Court for the Southern District of California held that the plaintiff’s complaint failed to plausibly allege that Nano could be held either directly or vicariously liable for any of the calls that were allegedly made to the plaintiff. Unlike other courts that have stopped their TCPA analysis there, Judge Moskowitz went further and addressed the glaring standing and class certification problems with the plaintiff’s complaint against Nano. Ultimately, the Court not only dismissed the TCPA causes of action but also held that the plaintiff lacked standing and struck the class allegations, providing Nano with a total victory.
“We are incredibly pleased with the court’s decision to dismiss this case,” said Ryan F. Zackon, CEO of Nano Hearing Aids®. “This outcome validates our steadfast adherence to legal and ethical guidelines in our communications and marketing practices. We extend our deepest gratitude to Michael for his outstanding representation and dedication.”
“Nano Hearing Aids continues to prioritize compliance and transparency under its new CEOs leadership,” said Michael Simes. “We are delighted that the court recognized the merit of our arguments and dismissed these claims. This decision also underscores the importance of fighting these types of claims forcefully at the beginning of the litigation through motion practice. TCPA actions, many of them frivolous, continue to clog the judicial system on a daily basis. Decisions like the one in this case will hopefully make it easier to defeat these claims without costly and time-consuming discovery and class litigation.
Nano Hearing Aids® remains dedicated to providing affordable, OTC compliant and FDA registered, high-quality hearing solutions to its customers. This legal victory allows the company to continue its mission without distraction, ensuring that customers receive the best possible products and services.
About Nano Hearing Aids
Nano Hearing Aids® has been a leader in hearing aid technology for over 7 years, known for its innovative solutions and customer-centric approach. All Nano products are OTC compliant and FDA registered.
For more information, please contact:
Leah Ritz
Director of Marketing/Communication
Michael L. Simes Simes Law P.C.
646.499.0676
[email protected]
A photo accompanying this announcement is available at
https://pr.globenewswire.com/FileDownloader/DownloadFile? source=pnr&fileGuid=328def29-e6c7-4368-9a81-ad767bc12ce0
Leave a comment
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
*Strikeout prices and percent off prices compared to Audiologist recommended hearing aids including professional fitting fees and follow-up visits.
It is by cutting out the middle man and selling direct to you that we are able to keep our prices low, so you can afford the hearing aids you need.
Nano Hearing Aids®, Nano CIC®, Nano X2®, Nano Sigma® are registered trademark of Hearing At Home, LLC. Nano Hearing™, For all humankind™, Air Domes™ are trademarks of Hearing At Home, LLC.
Nano Hearing Aids® text, logos, taglines, look, feel and trade dress are the exclusive property and trademarks of Hearing At Home, LLC.
Over-the-counter hearing aid. An over-the-counter (OTC) hearing aid is an air-conduction hearing aid that does not require implantation or other surgical intervention, and is intended for use by a person age 18 or older to compensate for perceived mild to moderate hearing impairment. The device, through tools, tests, or software, allows the user to control the hearing aid and customize it to the user’s hearing needs. The device may use wireless technology or may include tests for self-assessment of hearing loss. The device is available over-the-counter, without the supervision, prescription, or other order, involvement, or intervention of a licensed person, to consumers through in-person transactions, by mail, or online, provided that the device satisfies the requirements in this section.