John McCurley v. Royal Seas Cruises, Inc.

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS APR 5 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

JOHN MCCURLEY; DAN DEFOREST, No. 21-55099 individually and on behalf of all others similarly situated, D.C. No. 3:17-cv-00986-BAS-AGS Plaintiffs-Appellants,

v. MEMORANDUM*

ROYAL SEAS CRUISES, INC.,

Defendant-Appellee.

Appeal from the United States District Court for the Southern District of California Cynthia A. Bashant, District Judge, Presiding

Argued and Submitted March 8, 2022 Pasadena, California

Before: WARDLAW and HURWITZ, Circuit Judges, and ROSENTHAL,** District Judge.

Royal Seas Cruises, Inc., hired Prospects DM, Inc., to generate leads and

initiate telephone calls to prospective consumers for cruise packages. The issue for

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Lee H. Rosenthal, Chief United States District Judge for the Southern District of Texas, sitting by designation. decision is…