17 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 195,191 times   262 Legal Analyses
    Holding that the sufficiency of the allegations is a legal question so appellate courts have jurisdiction to consider it on appeal from denial of qualified immunity
  2. Satterfield v. Simon Schuster

    569 F.3d 946 (9th Cir. 2009)   Cited 369 times   25 Legal Analyses
    Holding that the FCC's interpretation that a text message is a "call" under the TCPA is reasonable
  3. Meyer v. Portfolio Recovery Assocs., LLC

    707 F.3d 1036 (9th Cir. 2012)   Cited 287 times   4 Legal Analyses
    Holding that a defendant violates the TCPA by calling a plaintiff's cellphone using an autodialing system without the plaintiff's consent
  4. Aca Int'l v. Fed. Commc'ns Comm'n

    885 F.3d 687 (D.C. Cir. 2018)   Cited 188 times   85 Legal Analyses
    Holding that it was permissible for the FCC to interpret the autodialer ban as applying to devices that use a random or sequential number generator or devices that do not—just not both
  5. Rutman Wine Co. v. E. J. Gallo Winery

    829 F.2d 729 (9th Cir. 1987)   Cited 296 times
    Holding district court's denial of leave to amend appropriate where the identified defects in prior order were not cured in amended complaint
  6. Gragg v. Orange Cab Co.

    995 F. Supp. 2d 1189 (W.D. Wash. 2014)   Cited 25 times   5 Legal Analyses
    Finding human intervention to send texts was "essential" to system's ability to dial and transmit the messages and as such system in question was not an ATDS
  7. Herrick v. GoDaddy.com LLC

    312 F. Supp. 3d 792 (D. Ariz. 2018)   Cited 19 times   9 Legal Analyses
    Concluding that ACA International ’s reasoning directs courts to determine " ‘how much’ would be required to enable such capacity"
  8. Sterk v. Path, Inc.

    46 F. Supp. 3d 813 (N.D. Ill. 2014)   Cited 23 times   2 Legal Analyses
    Finding system in question was an ATDS where the only human intervention identified prior to sending the text was the "collection of numbers for [the system's] database of numbers"
  9. Marks v. Crunch San Diego, LLC

    55 F. Supp. 3d 1288 (S.D. Cal. 2014)   Cited 21 times   12 Legal Analyses
    Holding the plaintiff must show Defendant used a system with the statutory requirements of an ATDS at summary judgement
  10. Luna v. Shac, LLC

    122 F. Supp. 3d 936 (N.D. Cal. 2015)   Cited 18 times   6 Legal Analyses
    Holding that "human intervention was involved in . . . clicking 'send' on the website to transmit the message to Plaintiff"
  11. Section 227 - Restrictions on use of telephone equipment

    47 U.S.C. § 227   Cited 4,776 times   635 Legal Analyses
    Granting exclusive jurisdiction to federal courts over actions brought by state attorney generals