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SOLIMAN v. SUBWAY FRANCHISEE ADVERTISING FUND

No. 20-946 August Term 2020.

999 F.3d 828 (2021)

Marina SOLIMAN, on Behalf of Herself and All Others Similarly Situated, Plaintiff-Appellee, v. SUBWAY FRANCHISEE ADVERTISING FUND TRUST, LTD., Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: June 8, 2021.

Attorney(s) appearing for the Case

Adrian R. Bacon , ( Todd M. Friedman , on the brief), Law Offices of Todd M. Friedman, P.C., Woodland Hills, CA; Brenden P. Leydon , Wocl & Leydon, L.L.C., Stamford, CT (on the brief), for Plaintiff-Appellee.

Ian C. Ballon ( Lori Chang , Los Angeles, CA; Brian T. Feeney , Philadelphia, PA, on the brief), Greenberg Traurig, LLP, Los Angeles, CA, for Defendant-Appellant.

Before: Jacobs, Pooler and Bianco, Circuit Judges.

On April 9, 2016, after Plaintiff-Appellee Marina Soliman walked into a Subway sandwich shop in California, an employee referred her to an in-store, hard-copy advertisement. On the advertisement, Subway offered to send special offers to Soliman if she texted a keyword to the provided short code. Soliman complied...

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