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.
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.