Johnson v. American Home Shield Corporation
2:25-cv-02347
W.D. Tenn.Mar 3, 2025Background
- Plaintiff Antwane Johnson brings a class action lawsuit against American Home Shield of Virginia, Inc. (AHS), alleging violations of the Telephone Consumer Protection Act (TCPA).
- Johnson claims AHS made unauthorized telemarketing calls to his mobile phone and to other consumers, in violation of federal law and regulations.
- AHS denies all allegations, stating it did not call or otherwise contact Johnson as alleged and disputes liability under the TCPA or any other legal theory asserted.
- The complaint seeks class action status, alleging typicality, commonality, and adequacy of Johnson's claim and representation for the proposed class.
- AHS raises multiple affirmative defenses, including lack of injury, consent, existence of a business relationship, compliance with applicable laws, and constitutional arguments.
- The case is in the early procedural stage, with this document being AHS's first amended answer and affirmative defenses in response to the class action complaint.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| TCPA Violation by Telemarketing Calls | Johnson alleges unauthorized calls by AHS | AHS denies making any such calls or contacts | Not yet ruled |
| Class Certification | Johnson claims typicality and commonality | AHS argues class treatment is inappropriate | Not yet ruled |
| Standing / Injury in Fact | Johnson asserts personal and class harm | AHS says no injury in fact or actual damages | Not yet ruled |
| Consent/Business Relationship | Johnson claims lack of consent | AHS claims calls (if any) were by consent or existing relationship | Not yet ruled |
Key Cases Cited
No cases with official reporter citations are identified in this document.
