Michael Chesbro v. Best Buy Co., Inc.

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

MICHAEL CHESBRO , No. 11-35784 Plaintiff-Appellant, D.C. No. v. 2:10-cv-00774-RAJ

BEST BUY STORES, L.P., ORDER AND

Defendant-Appellee. AMENDED

OPINION

Appeal from the United States District Court for the Western District of Washington Richard A. Jones, District Judge, Presiding

Argued and Submitted August 8, 2012—Seattle, Washington

Filed October 17, 2012 Amended December 27, 2012

Before: John T. Noonan, Susan P. Graber, and Johnnie B. Rawlinson, Circuit Judges.

Order; Opinion by Judge Noonan CHESBRO V . BEST BUY STORES., L.P.

SUMMARY*

Telephone Consumer Protection Act

The panel amended its opinion filed on October 17, 2012, reversed the district court’s summary judgment in favor of Best Buy Stores, and remanded in this class action, alleging that a series of automated telephone calls placed to plaintiff’s home by Best Buy Stores violated the Telephone Consumer Protection Act of 1991 and the Washington Automatic Dialing and Announcing Device Act.

The panel determined that the calls were aimed at encouraging listeners to…