Caribbean Cruise Line TCPA Lawsuit Dropped for Now

A TCPA lawsuit against Caribbean Cruise Line has been dismissed. However, the plaintiffs have been granted one last chance to amend the case in order to persuade the court of the Telephone Consumer Protection Act violations allegedly committed by the cruise company.

The TCPA lawsuit filed by plaintiff Brian J. claims he received a text message spam from AdSource Marketing Ltd. on behalf of Caribbean Cruise Line, offering him cruise tickets. According to the text spam lawsuit, sending out unsolicited text messages to a cell phone is a clear violation of the Telephone Consumer Protection Act (or TCPA), which can result in hefty fines for companies who ignore the federal statutes. 

Brian included Caribbean Cruise Line in the TCPA violations lawsuit as one of the named defendants. However, the court ended up granting CCL’s motion to dismiss them from the TCPA lawsuit, stating that the TCPA law only applies to the company that sent the text spam, in this case AdSource.

The plaintiff argued that CCL was indeed responsible for the unsolicited text message since they hired AdSource as a third-party group. The court rejected the plaintiff’s argument, as there was insufficient proof to support his TCPA claim against Caribbean Cruise Line. However, the court granted Brian another chance to modify the case to show liability of Caribbean Cruise Line.

The Caribbean Cruise Line TCPA Lawsuit is Case No. 14-cv-2485, in the U.S. District Court for the Eastern District of New York.

TCPA Violations

In 1991, the TCPA was enacted in an effort to protect consumers from telemarketers and other companies who use robocalls to to deliver prerecorded messages or send text spam messages to customers without their prior express consent. By 2013, the TCPA wording of “express consent” was altered to mean a signed written agreement between the company and customer. TCPA violation fines are substantial, as they range from $500 to $1,500 per TCPA violation. Since companies often try to contact large amounts of consumers at once, the financial impact of a TCPA violation can be huge for violating telemarketers and entities. 

In addition to unsolicited text messages, other TCPA violations include:

• Using an automatic telephone dialing system to place the call
• Robocalls with a prerecorded message
• Calls to homes before 8 a.m. or after 9 p.m. local time
• Calls to consumers who specifically ask the company not to call them
• Sending unsolicited advertising faxes
• Calling consumers placed on the National Do Not Call Registry
• Failing to identify the person or entity on whose behalf the call is being made

Many companies choose to hire third-party companies to send out the robocalls and text spam messages thinking that it will save them from a TCPA litigation, as is allegedly the case in this Caribbean Cruise Line TCPA lawsuit. However, if the plaintiff can prove the company was aware of the third-party actions, they may be held liable under TCPA statutes. 

TCPA Litigation

Over the past few years, numerous TCPA class action lawsuit settlements have awarded plaintiffs millions of dollars for companies’ alleged TPCA violations. Cell phone customers that can prove a TCPA violation occurred can sue a company for $1,500 per incident. If you received an unwanted cell phone call, text spam or robocall, contact a TCPA lawyer to see if you can join a TCPA class action lawsuit. 

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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