Uber Tries to Halt Text Spam Class Action Lawsuits

Uber asked a California federal judge to pause two upcoming TCPA class action lawsuits, claiming that new FCC rules would change the cases.

The proposed class action lawsuits allege that Uber sent text messages violating the Telephone Consumer Privacy Act (TPCA).

These messages allegedly urge recipients to become drivers for Uber, a popular ride-hailing service. Some of these recipients had signed up to become drivers for Uber. Others who received the messages had no prior relationship with the company.

The other Uber class action lawsuit accuses Uber of violating the TCPA for numerous text messages sent to cell phone owners.

The Federal Communications Commission (FCC) recently proposed updating its rules regarding TCPA violations, which Uber claims will have some effect on the looming class action lawsuits it faces.

The FCC rule change is on appeal, and may end up going before the Supreme Court. In either case, Uber argues, the decision could potentially cause problems for the Uber class action lawsuits.

The FCC update would revise the definition of an autodialer, given that technology has changed drastically since the rules were first written. According to Uber’s attorneys, if the California judge defines “autodialer” for the sake of the case, but the FCC update decision by the D.C. Circuit disagrees with that definition, Uber could come back to court.

Another issue in the Uber class action lawsuits, according to the TCPA, is what constitutes revoking consent to receive messages. While the current standard is to understand consent has been revoked if a consumer says “stop” or “unsubscribe,” Uber argues that consent is “very nebulous.”

For the lead plaintiffs in the case, however, the situation is not so nebulous. According to the plaintiffs, they had to pay for the text messages on their bills from Uber.

One attorney argued that, if the new FCC guidelines are passed, they still aren’t a “seismic shift,” and so should not really affect court proceedings.

The Telephone Consumer Protection Act

The Telephone Consumer Protection Act of 1991 (TCPA) was intended to protect consumers from unwanted solicitation by outside parties, including retail and other businesses. This includes the placement of robocalls — the use of an automated dialing machine and/or a pre-recorded message, including SMS text messages, to reach consumers. Nevertheless, according to consumers, many companies choose to perform these kinds of calls anyway.

Actions by a company that are prohibited under the Telephone Consumer Protection Act generally include:

• Calls placed to residences before 8 am or after 9 pm, local time
• Calling consumers who specifically asked the company not to call them (i.e. consumers on the company’s do-not-call list)
• Calling consumers on the National Do Not Call Registry
• Failing to identify the person or entity on whose behalf the call is being made
• Using an artificial voice or a recorded message
• Using an automated dialing machine to place the call
• Sending unsolicited advertising faxes

These restrictions do not apply if a consumer has provided prior express consent to be contacted, which negates do-not-call status and considers texts or calls solicited. Prior to 2013, prior express consent included oral or implied approval to receive calls, such as providing your phone number to a company.

If you have received these kinds of calls or texts from Uber or another party, and you believe them to be in violation of the TCPA, you may be eligible to join a TCPA class action lawsuit.

In order to be involved in a class action lawsuit against a company for TCPA violations, you will need to keep a good record of your experience with these messages and calls. Do not delete messages or phone records, and keep written record of violations.

Join a Free Uber Text Message Class Action Lawsuit Investigation

If you have received unwanted or unsolicited text messages from Uber, you may be eligible to participate in a free Uber class action lawsuit investigation.

Join the Investigation Now