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MELITO v. EXPERIAN MARKETING SOLUTIONS, INC.

Docket Nos. 17-3277-cv (L), 17-3279-cv (Con) August Term, 2018.

923 F.3d 85 (2019)

Christina MELITO, individually and on behalf of all others similarly situated, Ryan Metzger, Alison Pierce, Gene Ellis, Walter Wood, Christopher Legg, on behalf of himself and all others similarly situated, Plaintiffs-Appellees, American Eagle Outfitters, Inc., a Delaware Corporation, AEO Management Co, a Delaware Corporation, Defendants-Third-Party-Plaintiffs-Appellees, v. EXPERIAN MARKETING SOLUTIONS, INC., Consolidated Defendant-Third-Party-Defendant-Appellant, Kara Bowes, Objector-Appellant, eBay Enterprise, Inc., fka eBay Enterprise Marketing Solutions, Inc., Defendant.

United States Court of Appeals, Second Circuit.

Decided: April 30, 2019.

Attorney(s) appearing for the Case

Meir Feder , Jones Day, New York, NY ( John A. Vogt , Jones Day, Irvine CA, on the brief), for Consolidated Defendant-Third-Party-Defendant-Appellant Experian Marketing Solutions, Inc.

Eric Alan Isaacson , Law Office of Eric Alan Isaacson, La Jolla, CA ( C. Benjamin Nutley , Pasadena, CA, on the brief), for Objector-Appellant Kara Bowes.

Beth E. Terrell , Terrell Marshall Law Group PLLC, Seattle, WA ( Joseph A. Fitapelli , Fitapelli & Schaffer, LLP, New York, NY, on the brief), for Plaintiffs-Appellees.

Before: Hall and Lynch, Circuit Judges, and Engelmayer, District Judge.

Plaintiffs each received unsolicited spam text messages sent from or on behalf of American Eagle Outfitters ("AEO"). They then filed a putative class-action lawsuit against AEO, claiming that these text messages were sent in violation of the Telephone Consumer Protection Act ("TCPA"...

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