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 ...
Viggiano v. Kohls Department Stores, Civ. Action No. 17-0243-BRM-TJB, (D.N.J. Nov. 27, 2017)
Plaintiff filed a class action TCPA lawsuit placing at issue automated text message allegedly sent by Defendant after Plaintiff claimed to have revoked consent to be contacted by text message. While Plaintiff admitted signing up to receive the messages, Plaintiff claimed to have later withdrawn consent through responses such as: (1) "I've changed my mind and don't want to receive these anymore,"; (2) "Please do not send any further messages."; and (3) "… I don't want these messages ...
In re Matter of Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991; SoundBite Communications, Inc. Petition for Expedited Declaratory Ruling, CG Docket No. 02-278 (Nov. 29, 2012) Pending before the Federal Communications Commission was a Petition to determine whether sending a single text using an Automatic Telephone Dialing System (ATDS) confirming receipt of a request that no further text messages be sent violated the TCPA. The FCC concluded that a text message falls within a recipient's prior express consent to receive text messages and does not ...
Buslepp v. Improv Miami, Inc., No. 12-601771-CIV, 2012 WL 4919809 (S.D. Fla. Oct. 16, 2012) Plaintiff filed a purported class action, contending that Defendant, which promotes and hosts events at its comedy club, sent unsolicited commercial text messages to potential customers using an automatic telephone dialing system (ATDS) and without prior express consent in violation of the TCPA. Plaintiff moved for summary judgment on his individual claims, which Defendant opposed contending Plaintiff failed to establish the elements of a claim under the TCPA. Noting that the TCPA ...