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TCPA Class Action Dismissed - App Was Transactional Message

  • Written by Eric Troutman for The National Law Review

phoneSomething about December always makes me nostalgic. Maybe its the short days, the cold nights and the warm drinks but I always fancy a walk or two down memory lane this time of year.

The recent decision of Phan v. Agoda, Case No. 16-cv-07243, 2018 WL 6591800 (N.D. Cal. Dec. 13, 2018) affords just such an opportunity because it relies so heavily on a victory I delivered a few years back in one of my favorite cases of all time.

The issue is both simple and recurring– as part of a registration process a company sends a text to a consumer to help facilitate the transaction.


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