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Satterfield v. Simon & Schuster, Inc., No. 07-16356

In an action under the Telephone Consumer Protection Act for sending unsolicited text messages, summary judgment for Defendant is reversed, where a genuine issue of material fact existed concerning whether the equipment used by Defendant had the capacity to store or produce numbers to be called using a random or sequential number generator and to dial such numbers.

Read Satterfield v. Simon & Schuster, Inc., No. 07-16356.

Appellate Information

Appeal from the United States District Court for the Northern District of California. Claudia Wilken, District Judge, Presiding
Argued and Submitted February 11, 2009--San Francisco, California
Filed June 19, 2009


Before: John T. Noonan, David R. Thompson and N. Randy Smith, Circuit Judges.
Opinion by Judge N.R. Smith.


John G. Jacobs, The Jacobs Law Firm, Chtd., Chicago, Illinois, for the plaintiff-appellant.

Peter L. Winik and Barry J. Blonien, Latham & Watkins LLP, Washington, DC, for the defendants-appellees.