AOL Wants Cord Cut On 'Wrong Number' TCPA Texting Suit

Law360, Washington (July 17, 2015, 12:46 PM EDT) -- AOL Inc. asked a California federal judge Thursday to reject an amended version of a Telephone Consumer Protection Act suit, saying the cellphone user who received four text messages from the company once again admitted human intervention that should kill the complaint.

Nicholas Derby's amended class action complaint should fail for the same reason as his original filing: It acknowledged there was no automatic dialing system used when an AOL Instant Messenger user inadvertently texted him three times, AOL said. The presence of such a system is a prerequisite for a plaintiff to win a TCPA case, the Internet company said....

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