Sherman

ORDER DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

Before the Court is Defendant Yahoo! Inc.’s (“Yahoo!”) motion for summary judgment. (Dkt. No. 9.) The motion has been fully briefed. (Dkt. Nos. 17, 23.) For the reasons set out below, the Court hereby DENIES Defendant’s motion for summary judgment.

BACKGROUND

This case concerns a notification message that was sent to a cellular phone number as part of Yahool’s Instant Messenger service. Plaintiff, individually and on behalf of those similarly situated, claims such messages violate provisions of the Telephone Consumer Protection Act (the “TCPA”), 47 U.S.C. § 227 (b)(1)(A), and seeks statutory damages of $500 per negligent violation and up to $1500 per knowing or willful violation. (Dkt. No. 1, “Complaint.”) Specifically, Plaintiff alleges that Defendant violated the TCPA by “illegally contacting] Plaintiff and the Class members via their cellular telephones by using unsolicited SPAM text messages.” (Complaint ¶ 26.)

On or about January 7, 2013, Plaintiff received two text messages on his cellular telephone from a number identified as 924-665-01. (Dkt. No. 17-2, “Sherman Decl.,” ¶ 4.) The first text message, which is the…