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In Massaro v. Beyond Meat, Inc., No. 3:20-cv-00510-AJB-MSB, 2021 U.S. Dist. LEXIS 46980, at *15-20 (S.D. Cal. Mar. 12, 2021), Judge Battaglia allowed a TCPA claim to proceed against PETA because their texts endorsing Beyond Meat constituted advertisements. Here, PETA appears to argue there is a blanket exemption for non-profit organizations, (Doc. No. 30-1 at 19-22), while Plaintiff contends PETA's… Read More

In Shuckett v. DialAmerica Mktg., No. 17cv2073-LAB (KSC), 2019 U.S. Dist. LEXIS 127049, at *6 (S.D. Cal. July 29, 2019), Judge Burns dismissed a TCPA plaintiff's claim for lack of standing because the TCPA Plaintiff was not aware of the violative call at the time that it was made. Although the Court previously determined that Shuckett's missed call was a… Read More

In Meyer v. Bebe Stores, Inc., 2015 WL 431148 (N.D.Cal. 2015), Judge Rogers found that a TCPA plaintiff stated a claim for a class-wide TCPA violation. Plaintiff is a California resident. (FAC ¶ 6.) FN1 Defendant, a California corporation, operates retail clothing stores throughout the United States. (Id.¶¶ 7–8, 15.) On or about December 10, 2013, plaintiff visited one of… Read More