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Häagen-Dazs Can't Slip TCPA Suit Over 'Thank You' Text

Law360, Los Angeles (October 11, 2017, 10:09 PM EDT) -- A California federal judge refused Wednesday to throw out allegations that Häagen-Dazs and its parent company, Nestlé, violated the Telephone Consumer Protection Act with unsolicited automated texts thanking customers who signed up for the ice cream maker's rewards program, saying an accompanying link to its app arguably constitutes an advertisement.

The Häagen-Dazs Shoppe Co., Nestlé USA Inc. and Nestlé Dreyer's Ice Cream Co. had asked the court to either dismiss or stay the case pending the D.C. Circuit's ruling in ACA International v. FCC, in which the...
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