Nicholas Derby v. AOL Inc.
Published: Jul. 11, 2015 | Result Date: Jun. 1, 2015 | Filing Date: Jan. 1, 1900 |Case number: 5:15-cv-00452-RMW Bench Decision – Dismissal
Court
USDC Northern
Attorneys
Plaintiff
David C. Parisi
(Parisi & Havens LLP)
Suzanne L. Havens-Beckman
(Parisi & Havens LLP)
Defendant
Facts
Nicholas Derby sued AOL Inc. concerning AOL's Instant Messenger service.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff allegedly received three unsolicited text messages through AIM. Plaintiff requested to block future AIM messages, and received a confirmation text regarding his request. Plaintiff alleged that he never signed up to receive any such text messages. As such, plaintiff alleged that AOL's practice of allowing AIM users to send text messages to mobile phone messages constituted a violation of the Telephone Consumer Protection Act.
DEFENDANT'S CONTENTIONS:
Defendant moved to dismiss the complaint for failure to state a claim for relief.
Result
The court ultimately granted AOL's motion to dismiss.
Other Information
FILING DATE: Feb. 2, 2015.
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