May 20, 2022

Volume XII, Number 140

Advertisement
Advertisement

May 19, 2022

Subscribe to Latest Legal News and Analysis

May 18, 2022

Subscribe to Latest Legal News and Analysis

May 17, 2022

Subscribe to Latest Legal News and Analysis
Advertisement

Missouri Court Grants Summary Judgment, Eschewing Marks

In Beal v. Outfield Brew House, 2020 U.S. Dist. LEXIS 22487, Defendant Brew House moved for summary judgment against Plaintiff’s claim that it violated the TCPA’s ATDS provision. Brew House, a nightclub in St. Louis, offers text message promotions.  Brew House gets customer information from white paper cards they claim patrons voluntarily fill out. The white paper cards contain a disclaimer: “By providing us with your contact information… you consent to receiving calls, and text messages.. via automated means…”

Over the course of a year, Plaintiff received two texts announcing that he won free happy hours. Plaintiff claimed that he never filled out a card, and sued under the TCPA.  The texts were sent using SendSmart and Txt live! platforms. For each platform, a Brew House employee had to log in, create the message, and press a button to send it, as well as manually enter all the patrons’ contacts.

The Court declined to follow Marks and reasoned, despite Plaintiff’s argument that the platforms shuffle manually uploaded contacts, that they are not an ATDS, as they did not have the ability to generate numbers.  Furthermore, the court held there is simply too much human intervention to consider them an ATDS.  For these reasons, the court granted summary judgment to Brew House, and denied Plaintiff’s motion for class certification, and cross summary judgment motion. Cheers.

© Copyright 2022 Squire Patton Boggs (US) LLPNational Law Review, Volume X, Number 43
Advertisement
Advertisement
Advertisement
Advertisement
Advertisement
Advertisement

About this Author

Jason M. Ingber Litigation Attorney Squire Patton Boggs Los Angeles, CA
Associate

Jason M. Ingber’s practice focuses on consumer class action defense and breach of contract litigation. Jason specializes in cases brought under the Telephone Consumer Protection Act and has handled all phases of litigation in cases involving consumer protection statutes, including the Fair Credit Reporting Act, the Fair Debt Collection Practices Act and the California Homeowner Bill of Rights.

Prior to joining the firm, Jason defended over a hundred single plaintiff consumer disputes. He has also managed pro bono matters.

While at the UCLA School of Law, Jason...

213-689-5163
Advertisement
Advertisement
Advertisement