On October 23, 2015, the Third Circuit vacated a summary judgment decision in Yahoo, Inc.’s favor based on a recent Federal Communications Commission (“FCC”) order that expanded the definition of an “autodialer” under the Telephone Consumer Protection Act (“TCPA”). Dominguez v. Yahoo, Inc., No. 14-1751, slip op. at 9 (3d Cir. Oct. 23, 2015).
The plaintiff in Dominguez received a host of text messages from Yahoo on his cell phone, which came with a reassigned telephone number. After successive efforts by the plaintiff to stop the texts, which ultimately totaled 27,809, the plaintiff filed a putative TCPA class action against Yahoo