Aderhold v. Car2go N.A. LLC

MEMORANDUM

Eric Aderhold appeals the district court’s dismissal of his putative class action under the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227 (b). Aderhold alleged that car2go N.A. LLC sent an automated commercial text message to his cellular phone as part of its registration process without his “prior express consent.” The text message required Aderhold to enter a validation code on ear2go’s website in order to complete the registration process that Aderhold had initiated. We affirm the dismissal.

The Federal Communications Commission (“FCC”) has determined that “persons who knowingly release their phone numbers have in effect given their invitation or permission to be called at the number which they have given, absent instructions to the contrary.” In re Rules & Regulations Implementing the Tel. Consumer Prot. Act of 1991, Report and Order, 7 FCC Red. 8752, 8769 (Oct. 16, 1992). Aderhold therefore consented to receiving text messages related to the application process from car2go simply by providing his phone number in the application for membership. Our opinion in Satterfield v. Simon & Schuster, Inc., 569 F.3d 946, 955 (9th Cir. 2009), in which we held…