Court Rejects “Human Intervention” Argument in TCPA Summary Judgment Motion

On Monday a Federal Judge in the United States District Court, Southern District of California, denied a motion by Yahoo to bring a class action TCPA case to an early end.

The case, Sherman v. Yahoo! Inc., 2015 U.S. Dist. LEXIS 167177,  arose from a welcome text message Plaintiffs received via Yahoo’s Mobile SMS Messenger Service (“PC2SMSService”), which allows registered Yahoo users to send instant messages to mobile devices from their computers through the Yahoo Messenger platform.

Yahoo had brought a motion for summary judgment in an attempt to bring an early end to the case and avoid a trial.

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