Court Finds that Providing Cell Number Constituted Implied Consent under TCPA

摘要

In Daniel v. Five Stars Loyalty, Inc., [No. 15-cv-03546-WHO (N.D. Cal. 11/24/15)] defendant Five Stars Loyalty, Inc. (Five Stars), a consumer rewards program that works with merchants to give consumers rewards points that can then be redeemed for free products or services, moved to dismiss plaintiff Sunil Daniel's First Amended Complaint (FAC) that alleged a single cause of action under the Telephone Consumer Protection Act (TCPA) at 47 U.S.C. § 227. Daniel alleged that Five Stars sent him a text message that constituted a willful and knowing violation of the TCPA and seeks to represent a national class of persons who received advertising or telemarketing texts from Five Stars.