1 Analyses of this case by attorneys

  1. TCPA Tracker - June 2017

    Kelley Drye & Warren LLPJune 15, 2017

    A May 15th decision demonstrates the importance of a marketplace app’s user functionality in determining whether it initiated a call under the TCPA. In Reichman v. Poshmark, Inc., No. 16-cv-2359 DMS (JLB), 2017 WL 2104273 (S.D. Cal. May 15, 2017), the plaintiff alleged that the “Poshmark” app that allows users to buy and sell used clothing violated the TCPA based on two text messages urging him to use Poshmark. The plaintiff received the texts via an invitation from his cellphone contact, who did the following: First, the contact used the “Find People” page, which allowed her to select options to find her contacts, either among her phone’s contact list, or via Facebook or Twitter.