Archive: July 18, 2017

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District Court Confirms That Text Messages Completing Consumer-Initiated Transaction Are Not Telemarketing

District Court Confirms That Text Messages Completing Consumer-Initiated Transaction Are Not Telemarketing

By Joseph C. Wylie II, Molly K. McGinley, and Lexi D. Bond

A recent decision from the Western District of Washington, Noah Wick v. Twilio Inc., Case No. C16-00914RSL, resulted in dismissal of a putative class action lawsuit under the Telephone Consumer Protection Act, 47 U.S. Code § 227 (“TCPA”), against Twilio Inc. (“Twilio”), a cloud communications platform service company which allows software developers to programmatically make and receive phone calls and send and receive text messages using its platform. Although several of Twilio’s arguments for dismissal were rejected, the court agreed with Twilio that the plaintiffs’ claims should be dismissed because a text message sent to complete a customer-initiated transaction is not telemarketing and the customer in this instance had given prior express consent to be contacted by providing his mobile number to the sender. Read More

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