Telephone Consumer Protection Act

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 ...