Dick's Must Face TCPA Claims, But Not Classwide

Law360, New York (December 1, 2016, 8:17 PM EST) -- The attorney accusing Dick’s Sporting Goods Inc. of sending him text messages in violation of federal privacy law on Thursday survived the retailer’s dismissal bid, but was found by the California federal judge not to be an adequate class representative and was denied a request for certification.

In the first of two rulings, U.S. District Judge Cormac J. Carney was unpersuaded by Dick’s argument that, in light of the U.S. Supreme Court’s landmark Spokeo decision, attorney Phillip Nghiem had not alleged a concrete and particularized injury...
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