Legal Opinion
Flemming Kristensen v. Credit Payment Services Inc.
Court of Appeals for the Ninth Circuit
Decided January 10, 2018No. 16-15823PublishedCited by 28 opinions
1Opinion of the Court
OPINION
IKUTA, Circuit Judge:
Flemming Kristensen received a text message from AC Referral that violated the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227. In this class action against three lenders and two marketing companies, Kristensen claims that they had ratified the unlawful text messages. Because AC Referral (which is not a party to this suit) was neither the agent nor purported agent of four of the defendants, they cannot have ratified AC Referral’s acts. See Restatement (Third) of Agency §§ 4.01 and 4.03 (Am. Law Inst. 2006). Although one of the marketing companies, had an…
2Cases cited9 opinions
- Campbell-Ewald Co. v. GomezSupreme Court of the United States · 2016
- Thomas v. PonderCourt of Appeals for the Ninth Circuit · 2010
- LVRC HOLDINGS LCC v. BrekkaCourt of Appeals for the Ninth Circuit · 2009
- Satterfield v. Simon & Schuster, Inc.Court of Appeals for the Ninth Circuit · 2009
- Jose Gomez v. Campbell-Ewald Co.Court of Appeals for the Ninth Circuit · 2014
4 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Jones v. Royal Admin. Servs., Inc.Court of Appeals for the Ninth Circuit · 2017
- Shyriaa Henderson v. United Student Aid Funds, Inc.Court of Appeals for the Ninth Circuit · 2019
- Herrick v. GoDaddy.com LLCDistrict Court, D. Arizona · 2018
- Janelle Perez v. City of RosevilleCourt of Appeals for the Ninth Circuit · 2019
- Californians for Alternatives to Toxics v. Schneider Dock & Intermodal Facility, Inc.District Court, N.D. California · 2019
23 more not listed; retrieve them via the Exa API.