Kramer

Kramer v. AUTOBYTEL, INC.

Good Law
759 F. Supp. 2d 1165·2010 WL 5463116·52 Communications Reg. (P&F) 167·2010 U.S. Dist. LEXIS 137257
United States District Court, Northern District of CaliforniaDecember 29, 201010-cv-02722 CWCalifornia2,705 words

Opinion

Opinion

Wilken, J.

ORDER DENYING DEFENDANTS’ MOTIONS TO DISMISS (Docket Nos. 58 & 66)

Plaintiff Kramer has filed suit against Defendants Autobytel, Inc., B2Mobile, LLC, and LeadClick Media, Inc., under the Telephone Consumer Protection Act, 47 U.S.C. § 227 , et seq. (TCPA). The complaint alleges that Defendants sent Kramer and other similarly situated individuals thousands of unauthorized text messages. On October 26, 2010, on the parties’ stipulation, the Court dismissed with prejudice Kramer’s individual claims against Defendant Autobytel, and dismissed without prejudice the putative class claims Kramer advanced against Defendant Autobytel. Docket No. 100.

The remaining two Defendants, B2Mobile and LeadClick, now move to dismiss Kramer’s claims. Docket Nos. 58 and 66. Kramer opposes the motions. Because the motions have drawn into question the TCPA’s constitutional validity, the Court notified the United States of the constitutional challenge. Docket Nos. 71 & 73. The United States has intervened in the matter, and filed a memorandum opposing Defendants’ constitutional arguments. Docket No. 98.

Having considered all of the parties’ submissions and the Government’s memorandum, the Court DENIES…

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