King & Spalding won a complete dismissal with prejudice of a nationwide consumer class action, alleging improper mass texting in violation of the Telephone Consumer Protection Act (“TCPA”) by Postmates, the popular delivery technology platform based in San Francisco. In a class action first filed in the Southern District of Florida and then moved to the Northern District of California, Plaintiff asserted that Postmates was vicariously liable for downstream marketing vendors who allegedly sent thousands of text messages to promote Postmates’ platform and attract delivery drivers.
Postmates engaged the K&S team—Albert Giang, Arwen Johnson, and Sam Cortina—to serve as strategy counsel for the company’s marketing and TCPA issues, and litigate a series of dispositive motions that eventually resulted in the early victory. The team’s successful motion to dismiss argued that Plaintiff did not and could not allege how Postmates “controlled the manner and means” of the alleged marketers, and therefore could not support any cognizable theory of agency or vicarious liability. The Hon. Thomas S. Hixson agreed with the team’s framing and arguments, not only dismissing Plaintiff’s amended complaint but denying further leave to amend. See Rogers v. Postmates Inc., No. 19-CV-05619-TSH, 2020 WL 3869191 (N.D. Cal. July 9, 2020).