GroupMe Moves to Dismiss Text Spam Class Action Lawsuit

The social networking business GroupMe Inc. asked a California federal judge to dismiss claims in a TCPA class action lawsuit that alleges GroupMe violated the Telephone Consumer Protection Act by sending unsuspecting cell phone users a welcome text message.

In the motion to dismiss the TCPA claims, the social networking company claims that this initial text is within legal bounds because the text message was sent because of the lead plaintiff’s friend and was not initiated by an autodialer.

Plaintiff Brian Glauser filed this TCPA text spam class action lawsuit claiming that companies like GroupMe cannot solicit consumers by employing automated dialing systems. However, according to GroupMe’s arguments, the text message the plaintiff received was not generated or sent by an autodialer. Rather, the text was triggered by Glauser’s friend inviting him to GroupMe’s poker based group.

In their motion to dismiss the text spam class action lawsuit, GroupMe argues that GroupMe’s system does not have the capacity to store and produce cell phone numbers.  “This message was created when a creator used GroupMe chat and added six members, including the plaintiff. It sends a welcome message to each of the members who were added,” according to the motion for dismissal.

According to TCPA statutes, an autodialer by definition must have the capacity to store or produce numbers using a random or sequential number generator. Based on GroupMe’s arguments, its system lacks this capacity.

Glauser originally filed this GroupMe TCPA class action lawsuit in 2011, alleging he received a number of texts after the initial welcoming text message from unknown numbers informing the plaintiff that he had been added to a “Poker” GroupMe group. He brings several counts against GroupMe, including claims of using automated mass-dialing tools for solicitation, an alleged violation of TCPA laws.

Glauser seeks to represent himself and a Class of potentially thousands who received text messages.

U.S. District Judge Phyllis Hamilton is presiding over this GroupMe class action lawsuit. Should the judge deny GroupMe’s motion to dismiss the TCPA class action lawsuit, then Glauser’s case will move forward and the court will rule on whether Glauser consented to receive the welcome text message. Hamilton has not indicated how she is likely to rule on the case, but is currently reviewing the submitted arguments.

The GroupMe TCPA Text Spam Class Action Lawsuit is Glauser v. Twilio, Inc. et al., Case No. 4:11-cv-02584 in the U.S. District Court for the Northern District of California.

What is The Telephone Consumer Protection Act (TCPA)?

Congress passed the Telephone Consumer Protection Act in order to limit telephone soliciting and marketing and restricts the use of automated telephone dialing systems. Automated dialing systems can store a large list of known telephone numbers or randomly generate phone numbers to leave pre-recorded messages or send text spam to customers without their prior express consent.

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.”

Many business who allegedly employ automated dialers to call or text 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.

Get a Free Case Evaluation Now