United States Third Circuit

Affirming summary judgment for defendant Yahoo where plaintiff sued alleging that Yahoo violated the Telephone Consumer Protection Act (TCPA) by sending him nearly 28,000 text messages in a 17 month period. The plaintiff made several attempts to stop the messages but they were sent as part of a service subscribed to by the prior owner of his cell phone number. In affirming summary judgment, the court sympathized with plaintiff, but ruled that the TCPA is not the proper means of redress because it applies to unsolicited calls made by a random number generator and in this case the calls were made to a specific number that had been affirmatively opted to receive them.

Appellate Information

• Published 2018/06/26

Judges

• Johnson

Court

• United States Third Circuit

Counsel