Vanessa Wright v. USAA Savings Bank, No. 2:19-cv-00591 WBS CKD, 2020 WL 2615441 (E.D. Cal. May 22, 2020)
Plaintiff, who had a credit card account with Defendant for approximately 18 years, retained counsel to address financial issues facing his household. Counsel prepared a letter of representation and revocation of consent to call Plaintiff, which he sent to Defendant’s headquarters via certified mail. The confirmation notice associated with the letter verified that it was “delivered to the front desk, reception area, or mail room . . . In LAS VEGAS, NV 89169.” Defendant ...
Anton Ewing v. SQM US, Inc., 3:16-cv-1609-CAB-JLB (S.D. Cal. Sept. 29, 2016)
Plaintiff filed suit, placing at issue a single call to his cell phone using an ATDS, and attempting to represent a class of similarly situated individuals. The only allegation in the Complaint arguably relating to injury was a claim that the cell phone Defendants called was "assigned to a cellular telephone service for which Plaintiff incurs a charge for incoming calls."
Noting this phrasing "mimics the language of the TCPA," and assuming for purposes of the Motion to Dismiss that Plaintiff alleged he ...
Ryabyshchuck v. Citibank (South Dakota), N.A., No. 11-cv-1236-IEG (WVG), 2012 WL 5379143 (S.D. Cal. Oct. 30, 2012) Pending before the court were cross-motions for summary judgment on the dispositive issue of whether confirmatory text messages sent to a cell phone number voluntarily submitted via an on-line credit application violated the TCPA. Specifically, after providing his cell phone number to Defendant, Plaintiff received a text message from a third-party vendor acting on behalf of Defendant. Plaintiff replied to the text with the word “stop,” to which Defendant sent a ...
Meyer v. Portfolio Recovery Associates, LLC, No. 11-56600, 2012 WL 4840814 (9th Cir. Oct. 12, 2012) Pending before the U.S. Court of Appeals for the Ninth Circuit was the district court's: (1) Provisional certification of a class consisting of individuals with cell phone numbers that Defendant did not obtain from either a creditor or the class member, where the cell phone number had a California area code, or Defendant's records identified the class member as living in California; and (2) Preliminary injunction order restraining Defendant from using its dialer to place calls to cell ...
In a class action lawsuit brought on behalf of those purportedly receiving text messages regarding the XBOX gaming system, Defendant argued that the absence of allegations that Plaintiff was himself charged by his wireless carrier for the text message he received, combined with the Complaint's reliance on general allegations of a “growing problem” of “wireless spam” and other non-particularized forms of harm, were insufficient to establish a cognizable injury to Smith. Plaintiff countered, contending that he experienced–and alleged–numerous sufficiently ...