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 Consumer Class Actions practice group. She has successfully achieved litigated dismissals and defeated class certification in numerous cases. Tiffany has also negotiated voluntary dismissals on behalf of many clients, including disputes involving claims under the Telephone Consumer Protection Act and various consumer fraud laws. Tiffany has particular expertise in class actions involving privacy (including data breach) and marketing claims.
What do you like best about your work? Working with great teams both at our clients and within the firm.
What do you enjoy doing in the your free time? I enjoy family exercise time, with my two children on bikes and the grown-ups jogging alongside.
Why did you become a lawyer? To deal with complicated and challenging legal issues. I enjoy the creative-thinking and problem-solving aspects of being a lawyer.More ›