Dominguez v. Yahoo!, Inc.
8 F. Supp. 3d 637
E.D. Pa.2014Background
- Plaintiff Dominguez acquired a cellular number previously enrolled in Yahoo's text-message program.
- Yahoo allegedly sent unsolicited text messages to that number after it was reassigned to Dominguez.
- Plaintiff sues under the TCPA seeking damages, declaratory relief, and injunctive relief on behalf of a class.
- Yahoo moves for summary judgment, arguing its Email SMS Service is not an ATDS and messages were user-requested, not unsolicited.
- The court analyzes whether Yahoo’s Email SMS Service had the capacity to store or generate numbers to be called and to dial them.
- The court grants Yahoo’s summary-judgment motion, holding Yahoo did not use an ATDS and therefore is not liable under the TCPA for these texts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is Yahoo's Email SMS Service an ATDS under the TCPA? | Dominguez relies on capacity to store/generate numbers to be called. | Service lacks capacity to store/generate numbers; not an ATDS. | No; Yahoo did not have ATDS capacity; judgment for Yahoo. |
| Are the messages unsolicited telemarketing under the TCPA? | Texts are unsolicited because consent from current subscriber is not shown. | Messages were requested by users and therefore not unsolicited. | Unnecessary to decide; no ATDS supports liability, so not addressed. |
Key Cases Cited
- Mims v. Arrow Fin. Servs., LLC, 132 S. Ct. 740 (U.S. 2012) (TCPA interpretation by Supreme Court guidance cited)
- Satterfield v. Simon & Schuster, Inc., 569 F.3d 946 (9th Cir. 2009) (ATDS capacity focuses on ability to store/produce numbers, not actual use)
- Gager v. Dell Fin. Servs., LLC, 727 F.3d 265 (3d Cir. 2013) (TCPA applies to text messages; ATDS interpretation and scope)