Summary Judgment Granted To Safeway In Putative TCPA Class Action

On October 11, 2016, the District Court for the Northern District of California granted summary judgment to Safeway, Inc. in a Telephone Consumer Protection Act (TCPA) putative class action arising from the receipt of prerecorded telephone messages promoting Safeway's flu shots.

Plaintiff first received a seasonal flu shot from Safeway in 2014. In connection with her flu-shot visit, Plaintiff completed a Consent and Release form, where she provided her cell phone number to Safeway.  Later, Safeway contacted their existing pharmacy patients, including Plaintiff, to remind them to get a flu shot for the new flu season.  Plaintiff subsequently filed suit against Safeway alleging that the flu shot reminders violated the TCPA.