Sherman
Sherman v. Yahoo! Inc.
Opinion
Lead Opinion
Honcumel, J.
ORDER DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
[ECF No. 134]
Before the Court is Defendant Yahoo! Inc.’s (“Yahoo”) second motion for summary judgment. (ECF No. 134.) The ftiotion has been fully briefed. (ECF Nos. 152, 157, 18Ó, 181.) Based on the briefing and oral arguments of counsel, the Court hereby DENIES Defendant’s motion for summary judgment.
BACKGROUND
This case arises from a text message Plaintiff Susan Pathman (“Plaintiff’) received from an individual via Yahoo’s Mobile SMS Messenger Service (“PC2SMS Service”), which allows registered Yahoo users to send instant messages to mobile devices from their computers through the Yahoo Messenger platform. Specifically, in her First Amended Complaint (“FAC”) Plaintiff alleges that “[o]n or about May of 2013, Yahoo sent an unsolicited SPAM text message to Ms. Pathman (on its own accord) that read: ‘A Yahoo! User has sent you a message. Reply to that SMS to respond. Reply INFO to this SMS for help or go. to y.ahoo.it/imsms.’ ” (ECF No. 64. ¶ 18.) This message has been termed the “Welcome Message.” Plaintiff alleges that this unsolicited text message was sent using an “automatic' telephone dialing system”-(“ATDS”), as that…