Tracie Thomas v. Taco Bell Corp

Good Law
582 F. App'x 678
United States Court of Appeals for the Ninth CircuitJuly 2, 201412-56458California857 words

Opinion

Opinion

MEMORANDUM

Tracie Thomas (“Thomas”) appeals from the dismissal of her complaint against Taco Bell Corp. arising out of a brief text message she received advertising a Taco Bell product. The complaint alleged that this message violated the Telephone Consumer Protection Act (“TCPA”), which provides that “[i]t shall be unlawful for any person ... to make any call ... using any automatic telephone dialing system or an artificial or prerecorded voice ... to any ... cellular telephone service.” 47 U.S.C. § 227 (b)(l)(A)(iii). The text message at issue was sent as part of a promotion conducted by the Chicago Area Taco Bell Local Owners Advertising Association (the “Chicago Association”), a corporation comprised of Taco Bell store operators in the Chicago area. The Chicago Association consisted of twelve members, one of which was Taco Bell Corp., representing approximately 160 Taco Bell restaurants. In 2005, the Chicago Association and its advertising agency, ESW Partners, LLC (“ESW”), sponsored a local sweepstakes promotion for the Nachos Bell Grande product. As part of that promotion, ESW hired ipshlnet, Inc. (“Ipsh”), which administered and sent the text message at issue.

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