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MEY v. DIRECTV, LLC

No. 18-1534.

971 F.3d 284 (2020)

Diana MEY, individually and on behalf of a class of all persons and entities similarly situated, Plaintiff-Appellee, v. DIRECTV, LLC, Defendant-Appellant, and Adam Cox; AC1 Communications; IQ Marketing 2, Corp., d/b/a Pacificom; Michael Asghari, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: August 7, 2020.

Attorney(s) appearing for the Case

ARGUED: Evan Mark Tager , MAYER BROWN LLP, Washington, D.C., for Appellant. Ryan McCune Donovan , HISSAM FORMAN DONOVAN RITCHIE PLLC, Charleston, West Virginia, for Appellee. ON BRIEF: Archis A. Parasharami , Daniel E. Jones , MAYER BROWN LLP, Washington, D.C., for Appellant. J. Zak Ritchie , HISSAM FORMAN DONOVAN RITCHIE PLLC, Charleston, West Virginia; John W. Barrett , Jonathan R. Marshall , BAILEY GLASSER LLP, Charleston, West Virginia, for Appellee.

Vacated and remanded by published opinion. Judge Rushing wrote the majority opinion, in which Judge Floyd joined. Judge Harris wrote a dissenting opinion.

Diana Mey sued DIRECTV, LLC and others, alleging that they violated the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, by calling her cellular telephone to advertise DIRECTV products and services even though her telephone number is listed on the National Do Not Call Registry. DIRECTV moved to compel arbitration...

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