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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