Court: Customer Consents to Receive Texts by Providing Phone Number to Pharmacy – Pinkard v. Wal-Mart Stores, Inc.
[Post by Venkat Balasubramani] Pinkard v. Wal-Mart Stores, Inc., 12-cv-02902 (N.D. Ala. Nov. 9, 2012) Text messaging lawsuits are out of control.* That said, a district judge granted a motion to dismiss brought by Wal-Mart in a text spam case…
Confirmatory Opt-out Text Message Not Actionable Under the TCPA — Ryabyshchuck v. Citibank
[Post by Venkat Balasubramani] Ryabyshchuck v. Citibank, 11-CV-1236 – IEG (WVG) (S.D. Ca. Oct. 30, 2012) Ryabyshchuck filled out an online credit card application. A pop-up message displayed when he entered his information alerted him to the fact that by…
9th Circuit Zings Best Buy Over Robocalls – Chesbro v. Best Buy
[Post by Venkat Balasubramani, with a comment from Eric] Chesbro v. Best Buy Stores, L.P., No. 11-35784 (9th Cir. Oct. 17, 2012) [pdf] The Ninth Circuit has issued a few consumer-favorable rulings in the unsolicited text and phone call realm….
Courts Allows Text Spam Class Action Against Voxer, a Cell Phone Walkie-Talkie App — Hickey v. Voxernet
[Post by Venkat Balasubramani] Hickey v. Voxernet, C12-373 MJP (W.D. Wash.; Aug 13, 2012) Voxer is an app that turns your cell phone into a walkie-talkie. Plaintiff sued on his own behalf and on behalf of a putative class, alleging…
Franchisor Isn’t Liable Under the TCPA for Franchisees’ Text Message Campaign – Thomas v. Taco Bell
[Post by Venkat Balasubramani with comments from Eric] Thomas v. Taco Bell Corp., SACV 09-01097-CJC(ANx) (C.D. Cal.; June 25, 2012) Thomas allegedly received unauthorized text messages as part of an advertising campaign for Taco Bell’s Nachos BellGrande (“[a] large platter…
Confirmatory Opt-Out Text Message Doesn’t Violate TCPA – Ibey v. Taco Bell
[Post by Venkat Balasubramani] Ibey v. Taco Bell Corp., 12 CV 0583 (HVG) (S.D. Cal.; June 18, 2012) Plaintiff responded to an invitation to complete a survey about Taco Bell and “voluntarily sent a text message . . . to…
Men’s Journal Beats Lawsuit Alleging Violation of California’s “Shine the Light” Privacy Statute — Boorstein v. Men’s Journal
[Post by Venkat Balasubramani with comments from Eric] Boorstein v. Men’s Journal LLC, 12-771 DSF (Ex) (C.D. Cal.; June 14, 2012) California’s Shine the Light (STL) statute is a little unusual in that it mandates that businesses make specific disclosures…
Court Refuses to Dismiss Claims Against Alleged Twitter-Bot Spammer–Twitter v. Skootle
[Post by Venkat Balasubramani] Twitter, Inc. v. Skootle Corp., et al., 2012 WL 2375486 (N.D. Cal.; June 22, 2012) Twitter sued several alleged spammers, including (1) those who provided software for the use of automated account creation and tweeting, and…
Is SOPA’s “Follow the Money” Meme Infecting Anti-Spam Litigation? – Project Honey Pot v. Does
[Post by Gucci v. Frontline;