Facebook Users Fight 9th Circ. Take On Birthday Text Row

Law360, New York (March 20, 2017, 1:43 PM EDT) -- The consumers behind a proposed class action alleging Facebook’s text message reminders about friends’ birthdays violated the Telephone Consumer Protection Act urged a California judge not to certify for appeal his previous rejection of the social media giant’s dismissal request, calling it nothing but a stall tactic.

In a late February motion for interlocutory appeal, Facebook took issue with U.S. District Judge Thelton E. Henderson’s denial of its argument that Colin R. Brickman had failed to prove that the offending text message was sent using an...
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