Posts from September 2025.
Davis v. CVS Pharmacy, Inc., No. 4:24-cv-477-AW-MAF (N.D. Fla. Aug. 26, 2025)
Plaintiff filed a putative class action, claiming that Defendant violated 47 U.S.C. § 227(c)(5) and its implementing regulation, 47 C.F.R. § 64.1200(c), by sending him unwanted text messages although his number was listed on the National Do Not Call Registry. Defendant moved to dismiss the Complaint, arguing that text messages are not telephone calls and that, as a result, Plaintiff could not state a claim because Section 227(c) provides a private right of action to only those who receive “more than one ...