Last month, in Duguid v. Facebook, Inc., 17-15320, 2019 WL 2454853 (9th Cir. June 13, 2019), the United States Court of Appeals for the Ninth Circuit (“Ninth Circuit”) held that the debt collection exception to the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227(b)(1)(A)(iii), violates the First Amendment because it is content-based and fails to pass strict scrutiny review. Duguid is not a Facebook user and did not consent to be contacted by Facebook. Duguid alleged that Facebook violated the TCPA in 2014 by sending text message notifications to his cell phone ...
Gannon v. Network Telephone Services, Inc., No. 13-56813 (9th Cir. Jan. 12, 2016) In a 3 paragraph unpublished opinion, the U.S. Court of Appeals for the Ninth Circuit affirmed the trial court's denial of plaintiff's motion to certify a class of individuals who allegedly received "unauthorized" text messages stating:
The central issue in the case is whether the text messages were unauthorized. But, the proposed class includes at least the following groups: (a) those, like Gannon, who claim to have called an NTS phone line by mistake and may have discontinued the call before hearing ...