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MARKS v. CRUNCH SAN DIEGO, LLC

No. 14-56834.

904 F.3d 1041 (2018)

Jordan MARKS, individually and on behalf of all others similarly situated, Plaintiff-Appellant, v. CRUNCH SAN DIEGO, LLC, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Submission Vacated December 14, 2016.

Resubmitted September 13, 2018 Pasadena, California.

Filed September 20, 2018.

Attorney(s) appearing for the Case

Seyed Abbas Kazerounian (argued) and Jason A. Ibey , Kazerouni Law Group APC, Costa Mesa, California; Joshua B. Swigart , Hyde & Swigart, San Diego, California; for Plaintiff-Appellant.

Ian C. Ballon (argued), Lori Chang , Nina D. Boyajian , and Justin A. Barton , Greenberg Traurig LLP, Los Angeles, California, for Defendant-Appellee.

Shay Dvoretzky , Jeffrey R. Johnson , and Vivek Suri , Jones Day, Washington, D.C., for Amicus Curiae Sirius XM Radio Inc.

Brian Melendez , Barnes & Thornburg LLP, Minneapolis, Minnesota, for Amicus Curiae ACA International.

Stuart T. Rossman and Carolyn Carter , National Consumer Law Center, Boston, Massachusetts; Ira Rheingold , National Association of Consumer Advocates, Washington, D.C.; for Amici Curiae National Consumer Law Center and National Association of Consumer Advocates.

Before: Consuelo M. Callahan, Carlos T. Bea, and Sandra S. Ikuta, Circuit Judges.

OPINION

Jordan Marks appeals the grant of summary judgment to Crunch Fitness on his claim that three text messages he received from Crunch violated the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227. The district court held that the automatic text messaging system that had sent the messages was not...

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