Facebook Can't Ditch 'Happy Birthday' Text Row, Judge Says

Law360, New York (January 27, 2017, 8:31 PM EST) -- A California federal judge on Friday refused to nix a putative class action accusing Facebook of violating the Telephone Consumer Protection Act by sending unsolicited text message reminders about friends’ birthdays, ruling that the plaintiff had plausibly alleged the use of an autodialer and that the statute passed constitutional muster.

In denying Facebook's motion to dismiss the suit for failure to state a claim, U.S. District Judge Thelton E. Henderson rejected the social media giant's arguments that plaintiff Colin R. Brickman had failed to prove that the offending text message was sent using an automated telephone dialing system that had the capacity...

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