Trim v Reward Zone USA LLC, No. 22-55517, 2023 WL 5025264 (9th Cir. August 8, 2023)
Plaintiff filed a putative class action, contending, in part, that three marketing text messages she received utilized prerecorded voices, therefore, the United States Supreme Court’s Decision in Facebook, Inc. v. Duguid, 141 S.Ct. 1163 (2021), regarding what constitutes an Automatic Telephone Dialing System, did not prohibit her from proceeding with her case. In advancing this argument, Plaintiff claimed that because the definition of “voice” in Meriam Webster’s dictionary is “an ...
Gaza v. Auto Glass America, LLC, No. 8:17-cv-1811-T-27AEP, 2018 WL 5775915 (M.D. Fla. Nov. 2, 2018)
Plaintiff alleged that he received five text messages, asserting claims for violation of the TCPA. Defendant moved for summary judgment, contending Plaintiff failed to produce evidence establishing that an ATDS was used to send the text messages. The Court began its analysis, noting that to succeed on his claim, Plaintiff must establish Defendant sent the text messages using an ATDS and that "[t]he essential function of an ATDS is 'the capacity to dial numbers without human ...
Roberts v. Paypal, Inc., No. 13-16304 (9th Cir. Oct. 20, 2015) Pending before the Court was the trial court's Order granting summary judgment in Defendant's favor concluding that Plaintiff provided "prior express consent" to receive text messages from Defendant by knowingly providing his phone number. The Court of Appeals rejected Plaintiff's argument that his consent was limited, stating "[u]nder the FCC's interpretation, Roberts expressly consented to text messages from PayPal when he provided PayPal his cell phone number. Even if Roberts believed that PayPal would only ...
The Telephone Consumer Protection Act, 47 U.S.C. § 227 (TCPA) is a federal statute that was enacted in 1991 to address concerns relating to telemarketing/solicitation practices. It amended the Communications Act of 1934, and has been characterized by Manuel H. Newberger, in FDCPA Updated On The TCPA, Time-Barred Debt and Voice Mail Messages, as “one of the new weapons of choice of those suing debt collectors.” But it has far broader application. For example, it has entangled not only debt collectors but also other businesses ranging from local businesses to national banks and ...