Secret-Sharing App Maker Beats TCPA Text Class Action

Law360, New York (September 10, 2015, 1:49 PM EDT) -- WhisperText LLC didn’t violate the Telephone Consumer Protection Act by allowing users of its anonymous secret-sharing app, Whisper, to initiate automated text messages encouraging their contacts to use the app, a California federal magistrate judge ruled Wednesday, dismissing a proposed class action.

U.S. Magistrate Judge Paul S. Grewal said that allowing a fifth amended complaint in the case wouldn’t save plaintiff Tony McKenna’s claims, which were predicated on the notion that WhisperText used automated systems to harvest phone numbers and send the texts.

Judge Grewal said McKenna failed to overcome his own admission that the messages could only be sent through...

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California Northern

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January 28, 2014

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