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Consumer Law
Telephone Consumer Protection Act
Unauthorized Text Messages

Christopher J. Reichman, individually and on behalf of all others similarly situated v. Poshmark Inc.

Published: Jun. 30, 2017 |

Case number: 3:16-cv-02359-DMS-(JLB) Summary Judgment –  Defense

Judge

Dana M. Sabraw

Court

USDC Southern District of California


Attorneys

Plaintiff

David C. Beavans
(Law Offices of David C. Beavans APC)


Defendant

Laura A. Stoll
(Goodwin Procter LLP)

Brooks R. Brown
(Goodwin Procter LLP)

Shauna E. Woods
(Kendall Brill & Kelly LLP)


Facts

Christopher Reichman filed a class action against online clothing retailer, Poshmark Inc. for alleged Telephone Consumer Protection Act violations.

Contentions

PLAINTIFF'S CONTENTIONS: Defendant allegedly violated the TCPA by sending unauthorized text messages.

DEFENDANT'S CONTENTIONS: Defendant moved for summary judgment alleging that users of its app initiated the text messages and, thus, its text messages did not violate the TCPA.

Result

The court granted Poshmark's motion for summary judgment.


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