Hall

I. BACKGROUND

19 Kristen Hall (“Plaintiff”) brings this putative class action 20 under the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. 21 Section 227, et seq. First Am. Compl. (“FAC”), ECF No. 10. 22 Defendants are Smosh Dot Com, Inc. (“Smosh”), an online 23 entertainment and merchandise company, and Mythical 24 Entertainment, LLC. ( collectively “Defendants”), Smosh’s parent 25 company. Id. ¶¶ 12-15. Plaintiff alleges Defendants sent at 26 least five text messages soliciting Smosh merchandise to the 27 phone number used by her minor son. Id. ¶¶ 26, 31-35. In 28 response, she filed this lawsuit. Compl., ECF No. 1. She asserts claims against Defendants for violations of the TCPA and Section 302.101 of the Texas Business and Commerce Code. FAC at 2. Before the Court is Defendants’ motion to dismiss. Mot. to Dismiss (“Mot.”), ECF No. 34. Plaintiff opposed the motion. Opp’n, ECF No. 37. Defendants replied. Reply, ECF No. 38. With the Court’s permission, see ECF No. 40, Plaintiff filed a sur- reply. Sur-Reply, ECF No. 41. After careful consideration of the parties’ briefing and relevant legal authority, the Court 11 …