Most Allegations in Coca-Cola TCPA Text Spam Lawsuit Get Tossed

The majority of allegations in a TCPA text spam lawsuit against Coca-Cola Co. were tossed out by an Alabama federal judge earlier this month after it was discovered that the lead plaintiff had allegedly provided consent to Coke and its marketing partner to receive promotional communications.

Plaintiff Wesley Phillips filed this Coke TCPA class action lawsuit in 2012, after he allegedly responded  to a scoreboard announcement via text at a university football game to support his team. After casting his vote, Phillips allegedly received an initial text from Mozes Inc. inviting him to join a Coke Zero mailing list and promotional contest.

After receiving another text to vote again and support his team, University of Alabama, Phillips allegedly received another Coke advertisement text message. This process continued a total of five times, according to Phillips’ TCPA class action lawsuit. Phillips alleges that because Coke benefited from its marketing partner’s telemarketing, it should be held liable under TCPA law.

However, Judge John E. Ott disagreed with Phillips, stating that by voting for Alabama the plaintiff did provide Mozes and Coke with “prior express consent.”

According to Judge Ott’s recommendation to dismiss many of the claims against Coke in this TCPA text spam class action lawsuit:

“Even construing the factual allegations in the amended complaint in the light most favorable to Phillips, he was on notice that if he texted another vote he would receive text messages from the defendants in response. He cannot plausibly claim that he was simply voting for his favorite team with no expectation of receiving ‘telemarketing’ messages in return.”

However, this does not mean that the whole Coke TCPA class action lawsuit will be scrapped. Ott will allow Phillips to move forward with his claims regarding the first couple of text messages inviting him to join the Coke Zero mailing list.

The Coke TCPA Text Spam Class Action Lawsuit is Phillips v. Mozes Inc., et al., Case No. 2:12-cv-04033, in the U.S. District Court for the Northern District of Alabama.

What is The Telephone Consumer Protection Act (TCPA)?

Over two decades ago, the U.S. Congress passed the Telephone Consumer Protection Act to restrict telephone soliciting and marketing, especially when these calls are made employing an automated (robocall) dialing system. These systems can store a list of numbers or randomly generate phone or cell numbers to contact potential customers through a prerecorded phone message or text message.

According to the Federal Communications Commission:

“The TCPA and the FCC’s rules ban many text messages sent to a mobile phone using an autodialer. These texts are banned unless (1) you previously gave consent to receive the message or (2) the message is sent for emergency purposes. This ban applies even if you have not placed your mobile phone number on the national Do-Not-Call list of numbers telemarketers must not call.”

Coca-Cola and marketing partner Mozes are not the only businesses who has allegedly violated TCPA with unsolicited text spam messages to unknowing consumers. Many business, banks, and other entities who employ automated dialers to call consumers without their expressed consent are facing potential TCPA class action lawsuits or individual TCPA text spam lawsuits.

Join a Free TCPA Class Action Lawsuit Investigation

If you were contacted on your cell phone by a company via an unsolicited text message (text spam) or prerecorded voice message (robocall), you may be eligible for compensation under the Telephone Consumer Protection Act.