Ninth Circuit Rules Prior Consent Fatal to TCPA Suit

Yesterday the Ninth Circuit Court of Appeals affirmed a lower court dismissal of a putative Telephone Consumer Protection Act (“TCPA”) class action ruling that the plaintiff had provided “prior express consent” to receive the text messages in question.

The case is Shaya Baird v. Sabre, Inc. et.al (No. 14-55293, Feb. 3, 2016 9th Circuit Court of Appeals). The memorandum opinion can be found here. The ruling in the case was noted as “NOT FOR PUBLICATON”, meaning the case is not eligible to be cited as precedent except as provided by 9th Cir. Rule 36-3. ACA International had filed an Amicus Curiae brief in the matter. The Court of Appeals Panel unanimously concluded that the case was suitable for decision without oral arguments.

The facts of the case were outlined in the lower court’s original opinion granting Summary Judgment in favor of the Defendants.

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