United States Ninth Circuit

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Marks v. Crunch San Diego, LLC, 14-56834

Reinstated a consumer's claim that a business violated the Telephone Consumer Protection Act by sending him promotional text messages. A gym member alleged in a class action complaint that the gym unlawfully used an automated device to send marketing text messages to a list of stored telephone numbers. Finding genuine issues of material fact, the Ninth Circuit vacated the entry of summary judgment for the gym and remanded for further proceedings.

Appellate Information

  • Decided
  • Published 2018/09/20


  • Ikuta


  • United States Ninth Circuit


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