Lawrence Pascal, individually and on behalf of all others similarly situated v. CONCENTRA, INC., a Delaware corporation

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
LAWRENCE PASCAL, individually and on
behalf of all others similarly situated,
Plaintiff-Appellant,
v.
CONCENTRA, INC., a Delaware
corporation,
Defendant-Appellee,
and
JASON ARMS, DBA I Buy 901 Homes,
Defendant.
No. 22-15033
D.C. No. 3:19-cv-02559-JCS
MEMORANDUM*
Appeal from the United States District Court
for the Northern District of California
Joseph C. Spero, Magistrate Judge, Presiding
Submitted April 11, 2023**
San Francisco, California
Before: PAEZ, CLIFTON, and H.A. THOMAS, Circuit Judges.
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
APR 13 2023
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

-- 1 of 2 --

2
Lawrence Pascal appeals the district court’s grant of summary judgment to
Concentra, Inc. in a putative class action lawsuit brought under the Telephone
Consumer Protection Act (TCPA). We have jurisdiction under 28 U.S.C. § 1291.
We review the district court’s grant of summary judgment de novo. Duarte v. City
of Stockton, 60 F.4th 566, 570 (9th Cir. 2023). We affirm.
Pascal’s argument that Concentra violated the TCPA when it messaged him
using Textedly, an online text-messaging service, is foreclosed by our decision in
Borden v. eFinancial, LLC, 53 F.4th 1230 (9th Cir. 2022). In Borden, we held that
a system constitutes an autodialer regulated by the TCPA only if it “generate[s]
random or sequential telephone numbers.” Id. at 1231; see also Brickman v. United
States, 56 F.4th 688, 690 (9th Cir. 2022). Because Textedly did not store or
produce randomly or sequentially generated telephone numbers, Concentra’s text
message was not sent to Pascal via use of an autodialer in violation of the TCPA.
AFFIRMED.

-- 2 of 2 --