Third Circuit Gives TCPA Litigants Additional Support

On October 23, 2015, a Third Circuit Court of Appeals decision gave Telephone Consumer Protection Act (“TCPA”) plaintiffs additional ammunition supporting an expanded definition of an “ATDS.” In Dominguez v. Yahoo, Inc., No. 14-1751, (3d Cir. Oct. 23, 2015), based on the July 10, 2015 Federal Communications Commission (“FCC”) order that expanded the definition of an automated telephone dialing system “ATDS” under the TCPA, the court vacated a prior summary judgment decision in Yahoo, Inc.’s favor.

insideARM previously wrote about this case in October of last year.  The facts in the case are not complicated. Dominguez received text messages from Yahoo on his cell phone. The cell phone was a reassigned telephone number. The prior owner of the phone had enrolled the number in Yahoo’s text message system to receive a text notification when he received an e-mail to his Yahoo! account.  The consumer alleged that Yahoo used an ATDS to send thousands of unsolicited text messages (nearly 50 to 60 per day for many months) to his cell phone, ultimately totaling 27,809 texts.

The plaintiff filed a putative TCPA class action against Yahoo, alleging a violation of the TCPA.

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