Reichman

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION TO DISMISS COMPLAINT

Pending before the Court is Defendant Poshmark, Inc.’s motion to dismiss Plaintiff Christopher J. Reichman’s Complaint pursuant to Rule 12(b)(1) and (6) of the Federal Rules, of Civil Procedure. Plaintiff filed an opposition to the motion, and Defendant filéd a reply. For the following reasons, the Court grants in part and denies in part the motion,

I.

BACKGROUND

Defendant operates a mobile application (“app”) that provides users with a platform to sell and purchase used clothing and accessories. (Compl. ¶¶ 7-9.) Users can use the app to list their goods for sale by creating an online “closet” and uploading pictures of the items from their mobile devices. (Compl. ¶¶ 7, 10-11.) Users, can also purchase goods from other users’ closets on their mobile devices by using the app. (Compl. ¶¶ 7,10-11.)

When new users set up their closets, they are asked whether they would like to share their closets with their friends. (Compl. ¶¶ 11-12.) When users select the “yes” option, Defendant allegedly sends a text message to every contact in the users’ contact list stored on their mobile devices. (Compl. ¶ 13.)…