Gragg v. Orange Cab Co.
2013 U.S. Dist. LEXIS 60174
W.D. Wash.2013Background
- Gragg sues Orange Cab Co., Inc. and Ridecharge, Inc. over a text message advertising an app for taxi bookings.
- Court previously dismissed TCPA claim for lack of plausible ATDS use but allowed amendment; CEMA claim was adequately pled but CPA sufficiency reserved.
- Plaintiff amended the complaint and defendants moved to dismiss TCPA and CPA claims.
- Court evaluates whether amended TCPA claim plausibly alleges ATDS use and whether CPA claim can be maintained given CEMA and injury causation requirements.
- Court grants in part and denies in part the motion, denying leave to amend further and allowing judicial notice and strike provisions as described in the order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether amended TCPA claim plausibly pleads ATDS use. | Gragg alleges volume and timing indicating ATDS use. | Defendants argue no plausible ATDS inference. | TCPA claim preserved; plausible ATDS inference found. |
| Whether CEMA automatically satisfies CPA elements. | CEMA violation per se satisfies CPA elements. | CEMA does not per se satisfy all CPA elements. | CEMA satisfies only CPA elements 1–3; not injury or causation. |
| Whether plaintiff states injury and causation under CPA. | Five injuries alleged; some support causation. | Injuries fail to show business/property injury or causation. | CPA claim dismissed for lack of injury and causation under Hangman Ridge standards. |
| Whether leave to amend should be granted given CPA dismissal. | Possibility of curing deficiencies with further amendments. | Amendment would be futile. | Leave to amend denied. |
Key Cases Cited
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (U.S. 2007) (pleading must allege plausible facts, not just conclusory assertions)
- OSU Student Alliance v. Ray, 699 F.3d 1053 (9th Cir.2012) (pleading standard requires plausible claim support)
- Satterfield v. Simon & Schuster, Inc., 569 F.3d 946 (9th Cir.2009) (text messages fall within TCPA’s definition of calls)
- Hangman Ridge Training Stables, Inc. v. Safeco Title Insur. Co., 105 Wash.2d 778 (Wash. 1986) (five elements for CPA private action; injury and causation require pleading)
- Panag v. Farmers Ins. Co. of Wash., 166 Wash.2d 27 (Wash. 2009) (injury under CPA requires business/property injury, not personal injuries)