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Consumer Law
Telephone Consumer Protection Act
Automatic Telephone Dialing System

John Luna, individually and on behalf of all others similarly situated v. Shac LLC dba Sapphire Gentlemen's Club, Club Texting Inc., Callfire Inc.

Published: Oct. 10, 2015 | Result Date: Aug. 19, 2015 | Filing Date: Jan. 1, 1900 |

Case number: 5:14-cv-00607-HRL Summary Judgment –  Defense

Court

USDC Northern


Attorneys

Plaintiff

Michael J. Jaurigue
(Jaurigue Law Group)

Abigail A. Zelenski
(Zelenski Law PC)

David S. Zelenski
(Zelenski Law PC)


Defendant

Tyler R. Andrews
(Greenberg Traurig LLP)

Mark E. Ferrario
(Greenberg Traurig LLP)


Facts

John Luna sued Shac LLC dba Sapphire Gentlemen's Club, Club Texting Inc. and CallFire Inc. for alleged violations of the Telephone Consumer Protection Act.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff accused defendants of violating the TCPA by sending unwanted text messages to his cell phone.

DEFENDANTS' CONTENTIONS:
Defendants denied the allegations. Particularly, defendant Shac argued it was not in violation of the TCPA because the alleged text was not sent using an automated telephone dialing system. Rather, Shac claimed the text message was sent by human intervention.

Result

The court granted Shac's motion for summary judgment.

Other Information

Plaintiff has since moved to vacate the judgment and has filed an appeal.


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