Lyft Accused Of TCPA Violations

The popular ridesharing company Lyft is being sued for possible violations of the Telephone Consumer Protection Act (TCPA).

The TCPA bans companies such as Lyft from sending unsolicited text messages to cellphones without first obtaining consent. The recently filed TCPA violation class action lawsuit seeks to represent individuals who are accusing Lyft of unwanted text spam messages.

On March 30, 2015, plaintiff Emily Wolf, a resident of Maryland, claims that she received an unsolicited text message on her cell phone informing her know that she was a “Lyft Pioneer” and that she could enjoy “20 free rides in Philadelphia…over the next 15 days,” according to her Lyft TCPA class action lawsuit. Prior to receiving this unsolicited text message, Emily had no connection with Lyft and had never used any services provided by Lyft.

The TCPA text spam lawsuit claims Emily did not provide any prior express written consent to receive marketing text messages or unsolicited phone calls from Lyft, nor did she ever provide her cell phone number to Lyft. The TCPA lawsuit also alleges Lyft of placed these calls using an automatic telephone dialing system, a direct TCPA violation.

Emily is bringing this TCPA class action lawsuit on behalf of herself and behalf of all others who received unwanted text messages or unsolicited phone calls from Lyft.

As expected, Lyft filed a motion to dismiss this TCPA class action lawsuit, claiming lack of subject matter jurisdiction. Lyft presented Emily with an Offer of Judgement to satisfy her individual claims against Lyft. Emily declined the offer, and the judge subsequently denied Lyft’s motion to dismiss. The judge did grant Lyft’s additional motion to stay, meaning the case is essentially on hold until the U.S. Supreme Court rules on a similar case.

Text Spam and the Telephone Consumer Protection Act

The Federal Communication Commission’s (FCC’s) heightened focus on text message spam and robocalls in telemarketing has become fertile ground for class action lawsuits, with many marketers and advertising agencies wary of liability. Under the TCPA, individuals have to provide express consent to receive certain types of calls from marketers and have the right to tell companies to stop texting or calling.

The FCC set strict requirements in order to prevent consumers from receiving unwanted text messages or cell phone calls. Violations of the statute can lead to penalties between $500 and $1500 per call. The TCPA is explicit that no person may initiate a prerecorded or autodialed telephone call to any residential line to deliver a message without the prior express written consent of the called party, unless the call is:

• For emergency purposes
• Not for a commercial purpose
• A commercial purpose that does not include or introduce an advertisement or constitute telemarketing
• Made by, or on behalf of, a tax-exempt nonprofit organization
• Delivers a health care message under HIPAA

Put simply, the TCPA bans many text messages sent to a mobile phone using an autodialer. This ban applies even if the recipient has not placed their mobile phone number on the national Do-Not-Call list of numbers telemarketers must not call.

The Lyft TCPA Class Action Lawsuit is Emily Wolf vs. Lyft, Inc., Case No. 3:15-cv-1441 in the U.S. District Court for the Northern District of California.

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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