Ninth Circuit Affirms Dismissal of TCPA Claim for Earth Fare

October 2018 – Amy Brantly and David Kesselman won an appeal decided in favor of KBS client Earth Fare, Inc. Plaintiff Jalen Epps appealed the district court’s dismissal of a Telephone Consumer Protection Act (“TCPA”) case against organic grocery store chain Earth Fare. The Ninth Circuit affirmed the dismissal holding that plaintiff did not reasonably revoke consent to receive text messages from Earth Fare. The case is Jalen Epps v. Earth Fare, Inc., Case No. 17-55413 (9th Cir.).