Split 9th Circ. Dismisses Yelp TCPA Texts Row

Law360 (July 30, 2020, 8:09 PM EDT) -- A split Ninth Circuit panel dismissed an appeal of a proposed class action seeking to hold Yelp liable for Telephone Consumer Protection Act violations over texts that Buffalo Wild Wings sent out using Yelp's software, with the majority saying in a Thursday filing there was evidence of intent to "manipulate appellate jurisdiction."

Circuit Judge William A. Fletcher and District Judge Dean D. Pregerson — a U.S. District Court for the Central District of California who was sitting on the panel by designation — said there were indications that Marche Meeks, the unhappy Buffalo Wild Wings diner bringing suit, wanted to engage...

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