VAN PATTEN v. VERTICAL FITNESS GROUP, LLC

No. 14-55980.

847 F.3d 1037 (2017)

Bradley VAN PATTEN, an individual, on behalf of himself and all others similarly situated, Plaintiff-Appellant, v. VERTICAL FITNESS GROUP, LLC, a limited liability company; Advecor, Inc., a California corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed January 30, 2017.


Attorney(s) appearing for the Case

George Rikos (argued), Law Offices of George Rikos, San Diego, California; Craig M. Nicholas and Alex M. Tomasevic , Nicholas & Tomasevic LLP, San Diego, California; for Plaintiff-Appellant.

Alexander Papaefthimiou (argued), Law Office of Alexander E. Papaefthimiou, Camarillo, California; Gregory M. Harrison , Gregory M. Harrison APC, San Diego, California; for Defendant-Appellee Advecor, Inc.

Mark E. Ellis (argued), Ellis Law Group LLP, Sacramento, California, for Defendant-Appellee Vertical Fitness Group LLC.

Brian Melendez , Dykema Gossett PLLC, Minneapolis, Minnesota, for Amicus Curiae ACA International.

Before: William A. Fletcher and Ronald M. Gould, Circuit Judges, and Ivan L.R. Lemelle, District Judge.


OPINION

This is a consumer protection case arising from text messages about a gym membership. The parties dispute the scope of the consumer's consent to being contacted after he gave his cell phone number while signing up for a gym membership, and whether he revoked his consent when he cancelled the membership. For...

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