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Duran v. La Boom Disco, Inc.

United States District Court for the Eastern District of New York

February 25, 2019, Decided; February 25, 2019, Filed

17-cv-6331 (ARR) (CLP)


 [*477]  Opinion & Order

ROSS, United States District Judge:

Radames Duran ("plaintiff") brings this action against La Boom Disco, Inc. ("defendant") for alleged violations of the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227. Plaintiff claims that defendant, a nightclub in Queens, N.Y., sent him numerous text messages over a two-year period in violation of the TCPA. Plaintiff is seeking summary judgment on the issue of defendant's liability. Because I find that defendant's communications do not fall under the TCPA as a matter of law, plaintiff's motion for summary judgment is denied. Further, since the parties have fully briefed the issue of whether defendant's text messages are covered by the TCPA, I am sua sponte granting summary judgment in favor of defendant.


On March 19, 2016, plaintiff texted defendant the word "TROPICAL" in response to an advertisement defendant had placed on Facebook. See Pl.'s [**2]  56.1 ¶ 8, ECF No. 20-1; Def.'s 56.1 ¶ 8, ECF No. 39; Pl.'s Br. 1, 8, ECF No. 21.1 Plaintiff texted  [*478]  defendant in order to receive free admission to a particular event taking place at defendant's nightclub. See Pl.'s 56.1 ¶ 8; Def.'s 56.1 ¶ 8; Pl.'s Br. 1. After plaintiff texted defendant, he received the following response: been removed from defendant's mass text list. See Najera Dep. 39:2-7; Patel Aff. ¶ 22, ECF No. 28-1.

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369 F. Supp. 3d 476 *; 2019 U.S. Dist. LEXIS 30012 **; 2019 WL 959664

RADAMES DURAN, on behalf of himself and all others similarly situated, Plaintiff, v. LA BOOM DISCO, INC., Defendant.

Subsequent History: Vacated by, Remanded by Duran v. La Boom Disco, Inc., 2020 U.S. App. LEXIS 10861 (2d Cir., Apr. 7, 2020)


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