Bradley Van Patten v. Vertical Fitness Group, et al

14-55980

February 15, 2017
Post-Spokeo Trends Offer Clues For Standing In Privacy Suits

Federal courts in New York and Los Angeles came to opposite conclusions last month in trying to apply the U.S. Supreme Court's Spokeo ruling to high-profile privacy cases, yet attorneys see in those decisions hints as to how courts will decide whether plaintiffs suffered real harm in alleged invasions of privacy or unauthorized releases of personal information.
January 30, 2017
9th Circ. OKs Gym Member Standing, But Nixes TCPA Suit

An ex-gym member accusing a gym of Telephone Consumer Protection Act violations with spam-like texts suffered a concrete injury under U.S. Supreme Court Spokeo standards, the Ninth Circuit said in a published decision on Monday, though the panel affirmed the case's dismissal because the ex-member didn't cancel the texts.
August 09, 2016
Spam-Text Suit Parties Argue Harm Before 9th Circ.

The parties in a putative class-action suit over text message spam offered the Ninth Circuit dueling briefs last week on the question of whether an ex-gym customer was harmed by a pair of unsolicited text messages.
May 04, 2016
9th Circ. Questions Nixing Of Gym Members' Text-Spam Suit

A Ninth Circuit panel on Wednesday probed a lower court's decision to dismiss a certified class of 80,000 gym users who claim they were illegally spammed with texts from Vertical Fitness, saying it's unclear they consented to texts by providing phone numbers on membership applications.

Law360