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MOSKOWITZ v. AMERICAN SAV. BANK, F.S.B.

No. 20-15024.

37 F.4th 538 (2022)

Craig MOSKOWITZ, on behalf of himself and all others similarly situated, Plaintiff-Appellant, v. AMERICAN SAVINGS BANK, F.S.B., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 10, 2022.

Attorney(s) appearing for the Case

Aytan Y. Bellin , White Plains, New York, for Plaintiff-Appellant.

Steven D. Allison , Samrah R. Mahmoud , Sheila Z. Chen , and Stephanie V. Phan , Troutman Sanders LLP, Irvine, California, for Defendant-Appellee.

Partial Concurrence and Partial Dissent by Judge Wardlaw.

OPINION

Craig Moskowitz filed a class action against American Savings Bank, F.S.B. ("ASB"), in which he claimed ASB sent text messages to his mobile phone without the consent required by the Telephone Consumer Protection Act ("TCPA"), 47 U.S.C. § 227. The district court in Hawaii granted summary judgment in favor...

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