Brickman
Brickman v. Facebook, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 COLIN R. BRICKMAN, Case No. 16-cv-00751-WHO
Plaintiff,
ORDER DENYING MOTION FOR
v. LEAVE TO AMEND
FACEBOOK, INC., Re: Dkt. Nos. 133, 148 Defendant.
This class action case – alleging that Facebook violated the Telephone Consumer Protection Act of 1991 (TCPA) by using an “automatic telephone dialing system” (ATDS) to transmit unauthorized text messages containing birthday announcements to consumers’ cell phones – was stayed pending the United States Supreme Court’s opinion in Facebook, Inc. v. Duguid, 141 S. Ct. 1163, 1164 (2021). In Duguid, the Court held that “[t]o qualify as an “automatic telephone dialing system,” a device must have the capacity either to store a telephone number using a random or sequential generator or to produce a telephone number using a random or sequential number generator.” Id. at 1167. I now consider whether plaintiff Colin Brickman pleads a plausible claim following Duguid in his proposed…