Blow v. Bijora, Inc.

Federal 7th Circuit Court
Civil Court
Telephone Consumer Protection Act
Citation
Case Number: 
Nos. 16-1484 & 16-1608 Cons.
Decision Date: 
May 4, 2017
Federal District: 
N.D. Ill., E. Div.
Holding: 
Affirmed

Dist. Ct. did not err in granting defendant’s motion for summary judgment in plaintiff’s class action alleging that defendant violated Telephone Consumer Protection Act by sending plaintiff series of promotional text messages. Record showed that plaintiff consented to said text messages after plaintiff gave her cell phone number to defendant on several occasions by, among other things, signing up for defendant’s “VIP” and “Client List” cards that came with disclaimer informing plaintiff that information provided to defendant would be used for purpose of providing plaintiff with exclusive information and special offers about defendant’s products, and instant text messages concerned same subject matter as plaintiff’s consent. Ct. rejected plaintiff’s argument that her consent was limited to receipt of discounts and not to receipt of mass marketed text messages.