Shannon Harell writes:
In a recent decision, United States District Judge Stephen V. Wilson granted summary judgment to defendant Sabre Inc. (“Sabre”) on the basis that the plaintiff provided her “prior express consent” to receive text messages simply by providing her mobile number on a contact form. Baird v. Sabre Inc., Case No. CV 13-999 (C.D. Cal. Jan. 28, 2014).
The plaintiff had booked a flight for her and her family on Hawaiian Airlines’ website, the contact section of which required that the user enter at least one of his/her home, work or mobile numbers. The plaintiff provided her mobile phone number where requested in this section. About a month before her scheduled departure, and three weeks after booking, Sabre, who provides travel notification services for Hawaiian Airlines, sent a text message to the plaintiff’s mobile phone that invited her to reply “yes” to receive flight notification services. She did not respond and Sabre sent her no further messages. The plaintiff then brought this action alleging that Sabre violated the Telephone Consumer Protection Act, 47 U.S.C. § 227, et seq., (“TCPA”) by sending her the unsolicited text message described above.
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