Reardon
Reardon v. Uber Technologies, Inc.
Opinion
Lead Opinion
Jontigar, J.
ORDER GRANTING MOTION TO DISMISS IN PART
Re: ECF No.
Before the Court is Uber Technologies, Inc.’s (“Uber”) Motion to Dismiss. ECF No. 25. For the reasons set forth below, the Court will grant the motion in part and deny it in part..
I. BACKGROUND
On December 31, 2014, Plaintiffs filed this class action, alleging that Uber’s practice of sending text messages to recruit .drivers violates the Telephone Consumer *1092 Protection Act (“TCPA”). First Am. Compl., ECF No. 10, ¶1. Specifically, Plaintiffs allege that they received texts from Uber without having expressly consented to receive them. Id., ¶¶ 33, 50, 67, 81, 96,110, 121. Plaintiffs Jonathan Grin-dell, Jennifer Reilly, and Justin Bartolet further allege that they continued to receive texts after they asked Uber to stop sending them texts. Id,, ¶¶73, 104, 105, 116.
Uber, a Delaware corporation with its principal place of business in San Francisco, “is a nationwide passenger transportation service that connects riders and drivers through a cellular telephone application.” Id., Iff 5, 23. Uber riders use the application to “request and pay for on-demand car services,” while Uber drivers “receive requests from Uber users…