Despite D.C. Circuit Ruling, Plaintiff Tells 9th Circuit Facebook Violated TCPA

Mealey's (May 11, 2018, 1:57 PM EDT) -- SAN FRANCISCO — In a May 9 substitute opening brief in the Ninth Circuit U.S. Court of Appeals, a Montana man asserts that a recent ruling by the District of Columbia Circuit U.S. Court of Appeals did not alter controlling authority that supports his putative class complaint alleging that repeated, unwanted text messages from Facebook Inc. were sent using an automatic telephone dialing system (ATDS) and, thus, violated the Telephone Consumer Protection Act (TCPA) (Noah Duguid v. Facebook Inc., No. 17-15320, 9th Cir.)....