465 F.Supp.3d 929
D. Minn.2020Background
- Three plaintiffs (Pederson, Olson, Wheeler) allege unsolicited political text messages from Donald J. Trump for President, Inc., in October 2019, brought as a putative TCPA class action.
- Most texts included links to the Campaign website; one message to Pederson referenced supporting President Trump but lacked a website link or sender ID; calling the originating numbers produced errors or disconnected tones.
- Plaintiffs allege no affiliation with or consent to the Campaign; the Campaign produced a declaration and website-entry record indicating someone entered information for a "Daniel Pederson" and agreed to terms, including consent to texts.
- Pederson disputes that he submitted the web form, points out incorrect biographical details in the record, and asserts he never saw the Campaign's terms or consented.
- The Campaign moved to dismiss for lack of standing and for failure to plead use of an automatic telephone dialing system (ATDS), and alternatively to compel arbitration as to Pederson under the FAA.
- The court denied the Campaign's motion in full: it found plaintiffs alleged a cognizable TCPA injury, adequately pleaded traceability and ATDS use for pleading purposes, and the Campaign failed to show a valid arbitration agreement with Pederson.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether receiving unsolicited texts is a concrete injury under Article III/TCPA | Texts are intrusive and create the nuisance/privacy harms Congress targeted; even a single text can suffice under TCPA principles | Single or a few texts are too minor to be a concrete injury; texts are less burdensome than calls/faxes | Court: unsolicited texts constitute a cognizable TCPA injury; denied dismissal on this ground |
| Whether Pederson's receipt of a specific text is fairly traceable to the Campaign | The text followed other Campaign texts and used pro-Trump language, so it is plausibly traceable | That specific text lacked Campaign identifiers or links and could have been from a third party | Court: plausibly traceable given context and sequence; denied dismissal on traceability |
| Whether complaint sufficiently alleges use of an ATDS | Alleged originating numbers produced errors, messages were generic, and Campaign used peer-to-peer texting uploading recipient lists—sufficient factual circumstances to infer ATDS | Plaintiffs failed to plead technical ATDS details; uploaded lists negate ATDS that randomly/sequentially generate numbers | Court: at pleading stage plaintiffs need not allege technical specifics; devices that dial stored/uploaded lists can qualify as ATDS; denied dismissal |
| Whether Pederson agreed to terms/consented and is bound to arbitrate | Pederson says he never submitted the form, never saw terms, and never consented | Campaign produced a record showing a form entry for Daniel Pederson and linked terms consenting to texts and arbitration | Court: Campaign did not carry its burden to prove Pederson made the entry or agreed; denied motion to compel arbitration |
Key Cases Cited
- Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016) (Article III requires a concrete injury even for statutory violations)
- Lujan v. Defenders of Wildlife, 504 U.S. 555 (1992) (standing requires injury fairly traceable to defendant’s conduct)
- Ashcroft v. Iqbal, 556 U.S. 662 (2009) (plausibility pleading standard)
- Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007) (plausibility and Twombly/Iqbal framework)
- Golan v. FreeEats.com, Inc., 930 F.3d 950 (8th Cir. 2019) (TCPA protects against nuisance and privacy invasions caused by unsolicited texts)
- Melito v. Experian Mktg. Sols., Inc., 923 F.3d 85 (2d Cir. 2019) (unsolicited texts present same privacy harms as calls and can satisfy injury)
- Marks v. Crunch San Diego, LLC, 904 F.3d 1041 (9th Cir. 2018) (ATDS can include equipment that dials stored numbers)
- Glasser v. Hilton Grand Vacations Co., LLC, 948 F.3d 1301 (11th Cir. 2020) (contrasting view that ATDS requires random/sequential number generation)
- Duran v. La Boom Disco, Inc., 955 F.3d 279 (2d Cir. 2020) (endorsing FCC view that ATDS covers equipment that can dial stored lists)
- Van Patten v. Vertical Fitness Grp., LLC, 847 F.3d 1037 (9th Cir. 2017) (telemarketing texts absent consent present the harm Congress sought to redress)