A sweepstakes entry did not establish a business relationship for purposes of an exception to liability in a putative Telephone Consumer Protection Act (TCPA) class action, according to a California federal court.
On December 3, 2019, Lucine Trim registered her cellphone number on the National Do Not Call (DNC) Registry. She later filed a TCPA lawsuit after receiving two text messages from Mayvenn, Inc., on the phone.
The first, which she received on April 24, 2020, stated: “When you want something fun, quick and protective for your hair? WIG. Shop these ready to wear units … ” The second text, sent on May 4, 2020, stated: “Mother’s day is soon. Forget the florist, what she really wants is a wig. No-contact delivery goes right to her door …. ”
Trim alleged that she never provided prior express written consent to receive text messages from Mayvenn.
Mayvenn responded with a multipronged motion for summary…
