After noting at oral argument that the plaintiff’s TCPA claim was one of the “silliest” the court had ever encountered, the Ninth Circuit issued an order affirming dismissal of the plaintiff’s suit. Roberts v. Paypal, Inc., No. 13-16304, 2015 WL 6524840 (9th Cir. Oct. 29, 2015). The plaintiff claimed that PayPal sent him a welcoming text message without his consent, thereby violating the TCPA. The panel disagreed, finding that under the FCC’s 1992 interpretation of “prior express consent” under the TCPA, in providing PayPal with his cellphone number, the plaintiff expressly consented to receive calls from PayPal. The court also rejected the plaintiff’s argument that the FCC’s interpretation of “prior express consent” was limited to “normal business communications,” but noted that, even if it adopted this position, nothing suggested that PayPal’s message was anything but “normal.” The panel accordingly affirmed the district court’s grant of summary judgment in favor of PayPal.
Tiffany Cheung is the chair of the firm’s Consumer Class Actions practice group. Her practice focuses on defending consumer class actions, and includes federal, state, and multidistrict complex litigation. She has successfully defended clients in disputes involving the Telephone Consumer Protection Act (TCPA) and various unfair competition, and consumer fraud in federal and state courts throughout the United States. Her clients span a wide range of industries, including the pharmaceutical, retail, and technology industries. More ›
Alexandra Eve Steinberg Laks is an associate in the Litigation Department in Morrison & Foerster’s San Francisco office. Her practice focuses on false advertising, unfair competition, False Claims Act, and privacy litigation, including the defense of consumer class actions, agency enforcement proceedings, qui tam actions, and complex commercial litigation. Ms. Laks represents clients in the food, retail, technology, and health care industries, and has experience drafting dispositive motions and appellate briefs, defending depositions, providing oral argument, and managing complex discovery and document productions. More ›