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McKENNA v. WhisperTEXT

Case No. 5:14-cv-00424-PSG.

TONY McKENNA, Plaintiff, v. WHISPERTEXT et al., Defendants.

United States District Court, N.D. California, San Jose Division.

September 29, 2014.

Attorney(s) appearing for the Case

Tony McKenna, Plaintiff, represented by Evan Matthew Meyers , Edelson LLC & Suzanne L. Havens Beckman , Parisi & Havens LLP.

WhisperText, LLC, Defendant, represented by Rodger R. Cole , Fenwick & West LLP, Bradley Thomas Meissner , Fenwick and West LLP & Tyler Griffin Newby , Fenwick & West LLP.

WhisperText, Inc., Defendant, represented by Rodger R. Cole , Fenwick & West LLP, Bradley Thomas Meissner , Fenwick and West LLP & Tyler Griffin Newby , Fenwick & West LLP.

ORDER GRANTING MOTION TO DISMISS AND DENYING MOTION TO STAY (Re: Docket No. 25)

PAUL S. GREWAL, Magistrate Judge.

Plaintiff Tony McKenna filed a class action complaint pursuant to the federal Telephone Consumer Protection Act, 47 U.S.C. 227(b)(1)(A)(iii) (TCPA). McKenna brought suit against Defendants WhisperText, LLC and WhisperText, Inc. (collectively, "WhisperText") for making unsolicited "text message calls."1 In a motion...

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