Kristensen v. Credit Payment Services

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• finding that agency determinations in a TCPA class action “can be resolved on a class-wide basis”
• associating the party who ‘made’ the call with ‘the party who actually sent the text message to [Plaintiff]”
• finding-superiority requirement met in a putative class action where the court could review individual affidavits averring lack of consent rather than holding thousands of separate trials
• finding lack of evidence of express consent in TCPA case means that “courts should ignore a defendant’s argument that proving consent necessitates individualized inquiries” (citing Meyer, 707 F.3d at 1042-43)
• finding superiority requirement met in a putative TCPA class action where the Court could review individual affidavits averring lack of consent to receive text messages sent on behalf of Defendant to Plaintiffs cell phone
• “Although the precise 8 details of the agency relationship need not be pleaded to survive a motion to dismiss, sufficient 9 facts must be offered to support a reasonable inference that an agency relationship existed.”

Source: CourtListener parenthetical corpus (CC0).