Davis

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS SEP 30 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

TRACY DAVIS, No. 23-2593 D.C. No. Plaintiff - Appellant, 3:23-cv-00134-DMS-MMP v.

MEMORANDUM*

ROCKLOANS MARKETPLACE, LLC,

Defendant - Appellee.

Appeal from the United States District Court for the Southern District of California Dana M. Sabraw, District Judge, Presiding

Argued and Submitted September 12, 2024 Pasadena, California

Before: SCHROEDER, R. NELSON, and MILLER, Circuit Judges.

Plaintiff-Appellant Tracy Davis appeals the district court’s dismissal with

prejudice of her claims under the Telephone Consumer Protection Act (TCPA).

The TCPA prohibits making calls to a cell phone, without the recipient’s prior

consent, “using any automatic telephone dialing system or an artificial or

prerecorded voice.” 47 U.S.C. § 227(b)(1)(A). Davis sought to hold her lender,

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Rockloans Marketplace, LLC, liable under this…