Nghiem
Nghiem v. Dick's Sporting Goods, Inc.
Opinion
Lead Opinion
Carney, J.
ORDER DENYING DEFENDANTS’ MOTION TO DISMISS FOR LACK OF STANDING
I. INTRODUCTION
Plaintiff Phillip Nghiem brings this putative class action against Defendants Dick’s Sporting Goods, Inc. (“DSG”), and Zeta Interactive Corporation (“Zeta”) for violations of the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. §§ 227 et seq. (See Dkt. 33 [First Amended Complaint, hereinafter “FAC”].) Before the Court is Defendants’ motion to dismiss for lack of standing. (Dkt. 68 [hereinafter “Mot.”].) For the following reasons, the motion is DENIED.
II. BACKGROUND
Nghiem is a plaintiffs’ attorney who handles consumer and debtor disputes, including TCPA claims. (Mot. at 9 (citing Dkt. 47-6 Ex. A [hereinafter “Nghiem Dep.”] at 20:03-07).) DSG operates sporting goods stores throughout the United States. (FAC ¶9.) DSG utilizes a marketing program centered on “mobile alerts”—text messages sent to subscribers. (Id. ¶ 18.) Defendant Zeta is a marketing company that operates the mobile alerts program for DSG. (Id.) Consumers can sign up for the mobile alerts program on DSG’s website or send a text message with the word “JOIN” to a number associated with DSG, called a “short code.” (Id. ¶…