United States District Court, D. New Jersey
LETTER OPINION & ORDER
MICHAEL A. HAMMER, Magistrate Judge.
This Letter Opinion and Order will address Petitioner Gold Group Enterprises, Inc. d/b/a Gold Mobile's ("Gold Mobile") motion to quash [D.E. 2] portions of a subpoena that Respondent, James Bull, has issued to it in connection with Bull v. U.S. Coachways, Inc., Civ. No. 14-5789, pending in the United States District Court for the Northern District of Illinois. The Court has considered the papers submitted in support of, and in opposition to, the motion to quash. Pursuant to Federal Rule of Civil Procedure 78, the Court did not hear oral argument. For the reasons stated below, the Court grants in part and denies in part Petitioner's application.
Respondent James Bull is the plaintiff in Bull v. U.S. Coachways, Inc., Civ. No. 14-5789 (N.D. Ill.), a putative class-action lawsuit. The complaint in that matter alleges that U.S. Coachways, Inc. violated the Telephone Consumer Protection Act ("TCPA"), 47 U.S.C. § 227 et seq., when it sent unauthorized text messages, also known as SMS messages, to consumers. See Complaint, Ex. B. to Declaration of Scott S. Christie, Esq. ("Christie Decl."), D.E. 2-2, at 1-2. For example, the complaint alleges that on December 16, 2013, Respondent received a text message that stated as follows:
Happy Holidays from U.S. Coachways: For holiday party rentals of buses, limos & mini-buses call 800-359-5991. Text HELP for help, STOP to end. Msg&DataRatesMayAply [sic]."
Id. at ¶¶ 13-14. The complaint further alleges that Respondent received additional unsolicited advertisements from U.S. Coachways via text message on January 28, 2014, March 5, 2014, and April 15, 2014. Id. at ¶¶ 15-20. The complaint contends that recipients of such unsolicited messages often had "to pay their cell phone service providers for the receipt of such spam...." Id. at 1-2. As of the filing of this motion, no class had been certified. See Copy of Docket in Civ. No. 14-5789 (N.D. Ill.), Ex. C to Christie Decl., D.E. 202.
Petitioner Gold Mobile is not a party to the litigation. According to Gold Mobile's Executive Vice President, Gold Mobile
provid[es] various technological platforms and services that allow companies to engage consumers and promote their businesses to existing and prospective customers. Gold Mobile's platforms and services include various mobile engagement programs. As part of Gold Mobile's services, Gold Mobile sends promotional e-mails and texts at the request of its clients, and facilitates other forms of communication between its clients and those clients' existing and prospective customers.
Declaration of Jeffrey R. Allen ("Allen Decl."), D.E. 2-3, ¶ 2. Gold Mobile's customers include U.S. Coachways. Id. at ¶ 3.
Respondent served a subpoena on Petitioner on or about October 15, 2014. Id. at ¶ 4; Subpoena, Ex. A to Christie Decl. ("Subpoena"), D.E. 2-2. The subpoena contains six separate requests. Most pertinent here is Request No. 1 (the "Request"), which seeks the following:
All data concerning any text messages sent where the purpose of such call included development of business for U.S. Coachways, Inc. A full response to include at least the following: the target list, call detail records and a copy of the text message sent.
Subpoena at 4.
II. Overview of the Parties' ...