Suttles v. Facebook, Inc.

13 Citing cases

  1. Pepper v. GVG Capital LLC

    677 F. Supp. 3d 638 (S.D. Tex. 2023)   Cited 2 times

    While these repairs might affect the sale price to the extent that they increase the home's value, any repairs a purchaser makes after the property is sold are independent of the sale transaction itself. Cf. Suttles v. Facebook, Inc., 461 F. Supp. 3d 479, 483 (W.D. Tex. 2020) (cited in Docket Entry No. 34 at 6) ("By alleging that Facebook sent Suttles text messages merely to help the company engage in commercial transactions with others who might purchase advertisements on the website's platform, he admits that Facebook was not soliciting him, as is required by the plain language of the Act."); Schulz v. Infogroup, Inc., No. 3:19-CV-1620-N, 2020 WL 4201636, at *3 (N.D. Tex. July 21, 2020) (same scenario of calls made in furtherance of caller's ability to market to third parties).

  2. Hunsinger v. Dynata LLC

    3:22-cv-00136-G-BT (N.D. Tex. Feb. 7, 2023)   Cited 8 times   1 Legal Analyses
    Explaining that where the Rule 12(b) standing challenge at issue “intertwines inquiries of . . . traceability required for standing and a central aspect of a [statutory] claim, the Court should assume jurisdiction and treat the attack as one on the merits of the claim under Rule 12(b)”

    And even if he had made such an allegation, it would conflict with the FCC's promulgated guidance that market research calls are not telephone solicitations and do not subject the calling entities to TCPA liability. In re Rules & Regs., 18 F.C.C. Rcd. at 14040; see Suttles v. Facebook, Inc., 461 F.Supp.3d 479, 482-83 (W.D. Tex. May 20, 2020) (“[Plaintiff] has provided no caselaw, and the court is unaware of any, that has held that an invitation to visit a website-even one whose business model is centered around user data-may be converted into a telephone solicitation ....”). Hunsinger's attempted argument would render the FCC's guidance meaningless, as all market research could fall under his proposed “influence liability” theory and thus the FCC guidance would be unnecessary.

  3. Laccinole v. Students For Life Action Inc.

    C. A. 21-252 WES (D.R.I. Aug. 4, 2022)   Cited 4 times   9 Legal Analyses
    In Laccinole v. Students for Life Action Inc., C.A. No. 21-252 WES, 2022 WL 3099211, at *2 (D.R.I. Aug. 4, 2022), Mr. Laccinole moved to remand his case to state court and, as a basis for remand, argued that the court lacked jurisdiction because his injury could not meet standing requirements.

    And same with invitations to visit facebook.com, absent encouragement to “purchase or [rent], or invest[] in, property, goods, or services.” Suttles v. Facebook, Inc., 461 F.Supp.3d 479, 483 (W.D. Tex. 2020). When a website does advertise a commercial product or service, however, the message may be a solicitation.

  4. Cacho v. McCarthy & Kelly LLP

    23-cv-11157 (LJL) (S.D.N.Y. Jul. 3, 2024)   Cited 3 times   2 Legal Analyses

    Plaintiff's assertion that the representation agreement entails a purchase of legal services raises a final query: whether the actual payment of Defendant under the agreement is too remote or contingent to establish a purchase. Cf. Suttles v. Facebook, Inc., 461 F.Supp.3d 479, 484 (W.D. Tex. 2020) (“The link between text messages urging a website visit and any possible purchase, rental, or investment is too weak to qualify as a telephone solicitation under the Act.”). While the representation agreement Defendant offered Plaintiff would not have required Plaintiff to pay Defendant immediately, the Court determines that the agreement was sufficiently binding to constitute a purchase of legal services.

  5. Gardner v. Navient, LLC

    3:24-cv-198-S-BN (N.D. Tex. Jun. 7, 2024)

    The direct and personal nature of the text messages weighs against a reasonable inference that Alpha Cash used an ATDS to send the messages.” (citing Suttles v. Facebook, Inc., 461 F.Supp.3d 479, 487 (W.D. Tex. 2020) (“Allegations of directly targeting specific individuals weigh against an inference that an ATDS was used.”

  6. Fluker v. Ally Fin.

    Civil Action 22-cv-12536 (E.D. Mich. Dec. 21, 2023)   Cited 1 times

    And when calls are directed to particular individuals, the plausible inference is that an ATDS was not in fact used. See Suttles v. Facebook, Inc., 461 F.Supp.3d 479, 487 (W.D. Tex. 2020) (deciding that “[a]llegations of directly targeting specific individuals weigh against an inference that an ATDS was used”); Snow v. Gen. Elec. Co., No. 18-0511, 2019 U.S. Dist. LEXIS 99760, at *12-13 (E.D. N.C. Jun. 14, 2019) (holding that where the plaintiff is “a targeted recipient” of text messages, “it is not reasonable to infer that the messages were sent with equipment using a random or sequential number generator.”) (internal quotation marks omitted)

  7. Hunsinger v. Alpha Cash Buyers, LLC

    Civil Action 3:21-CV-1598-D (N.D. Tex. Feb. 24, 2022)   Cited 19 times   3 Legal Analyses

    The direct and personal nature of the text messages weighs against a reasonable inference that Alpha Cash used an ATDS to send the messages. See Suttles v. Facebook, Inc., 461 F.Supp.3d 479, 487 (W.D. Tex. 2020) (“Allegations of directly targeting specific individuals weigh against an inference that an ATDS was used.”).

  8. Hunsinger v. Alpha Cash Buyers LLC

    Civil Action 3:21-CV-1598-D (N.D. Tex. Oct. 29, 2021)   Cited 6 times   1 Legal Analyses

    The direct and personal nature of the text messages weighs against a reasonable inference that Alpha Cash used an ATDS to send the messages. See Suttles v. Facebook, Inc., 461 F.Supp.3d 479, 487 (W.D. Tex. 2020) (“Allegations of directly targeting specific individuals weigh against an inference that an ATDS was used.”).

  9. Jovanovic v. SRP Invs.

    No. CV-21-00393-PHX-JJT (D. Ariz. Sep. 14, 2021)   Cited 4 times

    Targeted messages “weigh against an inference that ATDS was used.” Suttles v. Facebook, Inc., 461 F.Supp.3d 479, 487 (W.D. Tex. 2020) (finding Plaintiff did not sufficiently state a TCPA claim when he alleged that he received text messages addressed to him and named third parties). Additionally, Plaintiff alleges Defendants sent only one unsolicited text message and alleges that the message was sent from a long code phone number.

  10. Barton v. Temescal Wellness, LLC

    525 F. Supp. 3d 195 (D. Mass. 2021)   Cited 12 times

    In Suttles v. Facebook , the court found that text messages encouraging recipients to log on to Facebook.com and nothing more were not solicitations because they were not encouraging or directing the recipients to invest o buy any Facebook products. 461 F.Supp.3d 479, 481-83 (W.D. Tex. 2020). Plaintiff's theory of the case—that Facebook wanted him to visit its website to drive up its usership numbers so it could sell more advertising space—meant that Facebook was indirectly using him to solicit purchases from third parties.