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U.S. Court of Appeals for the 9th Circuit

Jun. 22, 2009

9th Circuit Sends A Textual Message

A federal trial judge in Oakland was wrong to toss a class action on behalf of people who received text messages on their cell phones advertising the Stephen King novel "Cell," the 9th U.S. Circuit Court of Appeals ruled Friday.

By John Roemer
Daily Journal Staff Writer

A federal trial judge in Oakland was wrong to toss a class action on behalf of people who received text messages on their cell phones advertising the Stephen King novel "Cell," the 9th U.S. Circuit Court of Appeals ruled Friday.

A unanimous three-judge panel held there is a valid factual question whether the messages sent by the defendant, the publisher Simon & Schuster Inc., violated the Telephone Con...

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