Cruise Line Faces TCPA Text Spam Class Action Lawsuit

Consolidated World Travel Inc. (CWT), which does business as both Holiday Cruise Line and Bahamas Paradise Cruise Line, is facing a Telephone Consumer Protection Act (TCPA) class action lawsuit.

Filed by lead plaintiff Jason H., the cruise text spam class action lawsuit alleges the Florida-based company sent Jason an automated text message on his cellphone in March 2014 offering a free cruise. Jason alleges the company never asked him for his consent to send him advertisements.

According to the TCPA class action lawsuit, “Defendants sent similar text messages to thousands of individuals nationwide using an automatic telephone dialing system and without the consent of those individuals,” the complaint states. “At no point did plaintiff consent to receiving such text messages. At no point did plaintiff enter into a business relationship with defendants.”

The TCPA lawsuit further alleges that CWT sent automated text messages to individuals advertising a “free cruise” and providing a phone number that an individual must call to redeem the cruise. When the number in the text message is called, the caller is connected with a company identifying itself as “Travel Services.”

The operator explains that he or she sees the caller is calling about a free cruise, and immediately “transfers” the caller to “Holiday Cruise Line,” court documents state.

The TCPA text spam lawsuit also names the cruise line’s Tampa-based marketing firm, Elite Marketing Inc., as well as CWT owner James H. Verrillo as defendants.

Text Message Spam is Illegal

The Federal Communications Commission defines spam as “unwanted texts and email,” which can include commercial messages. It’s illegal to send unsolicited commercial email messages to wireless devices, including cell phones and pagers, unless the sender gets your permission first.

It’s also illegal to send unsolicited text messages from an auto-dialer — equipment that stores and dials phone numbers using a random or sequential number generator. The text messages are banned whether or not you have placed your cellphone number on the national Do Not Call list of numbers telemarketers cannot call.

TCPA Class Action Lawsuits

Violating the TCPA  can carry a $500 fine per violation. Cell phone subscribers whi can prove TCPA violations were intentional can sue for up to $1,500 each time a company unlawfully contacted them.

Still, many consumers do not know that they have the right to stop unwanted text spam from flooding their phone. Taking legal action can help to prevent this abusive practice as well as compensate text message spam victims for their losses.

Millions of dollars in TCPA class action lawsuit settlements have been awarded to consumers over the past few years, and the number of companies facing TCPA class action lawsuits continues to grow.

The Holiday Cruise Line Text Spam Class Action Lawsuit is Case No.: 2:15-cv-02298, in the U.S. District Court for the District of New Jersey.

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.

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