GOMEZ v. CAMPBELL-EWALD CO.

No. 13-55486.

768 F.3d 871 (2014)

Jose GOMEZ, individually and on behalf of a class of similarly situated individuals, Plaintiff-Appellant, v. CAMPBELL-EWALD COMPANY, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 19, 2014.


Attorney(s) appearing for the Case

Evan M. Meyers (argued), McGuire Law, P.C., Chicago, IL; Michael J. McMorrow , McMorrow Law, P.C., Chicago, IL; and David C. Parisi , Parisi & Havens LLP, Sherman Oaks, CA, for Plaintiff-Appellant.

Laura A. Wytsma (argued), Michael L. Mallow , Christine M. Reilly , and Meredith J. Siller , Loeb & Loeb LLP, Los Angeles, CA, for Defendant-Appellee.

Before: FORTUNATO P. BENAVIDES, KIM McLANE WARDLAW, and RICHARD R. CLIFTON, Circuit Judges.


OPINION

BENAVIDES, Circuit Judge:

Plaintiff Jose Gomez appeals adverse summary judgment on personal and putative class claims brought pursuant to the Telephone Consumer Protection Act ("TCPA"), 47 U.S.C. § 227(b)(1)(A)(iii) (2012). Gomez alleges that the Campbell-Ewald Company instructed or allowed a third-party vendor to send unsolicited text messages on behalf of the United States Navy, with whom Campbell-Ewald had a marketing contract. Because we...

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