Did Epic Golf Club Use the Coronavirus to Breach Consumer Privacy Rights?

A Florida man has filed a lawsuit against Epic Golf Club alleging that the company is using the coronavirus pandemic to promote its business by sending consumers advertising text messages. These text messages may violate consumer privacy laws.

How Did Epic Golf Club Use the Coronavirus to Promote Their Services?

According to plaintiff Brendan S., he received a text message from a long code number associated with Epic Golf Club on March 13. A long code is a type of number that appears to be a regular phone number but allows the sender to send text messages to hundreds or thousands of consumers at once. These numbers may be used to trick consumers into believing that these messages are personal, or are sent directly to them from a single person, rather than being part of an advertising campaign targeting hundreds of other people.

Epic Golf Club bills itself as “the premier private golf society with a VIP concierge booking service for executives who love golf.” According to Brendan, Epic Golf Club sent him a text message stating, “Stay safe in these crazy times by golfing at top 100 courses Brendan! Text ‘Modelo’ to get Epic Golf with no dues for 4 months.” The text also included an option to opt-out of receiving future messages.

Brendan claims that he has never given the golf club his express consent to be contacted. Under consumer privacy laws, contacting consumers without their consent for the purpose of soliciting business is illegal. Although there are some exceptions to these laws, some companies may be using the coronavirus pandemic as an excuse to send unsolicited messages to consumers.

What is Consumer Privacy?

Consumer privacy involves the privacy of personal information or data associated with consumers. Under the law, consumers are entitled to a certain level of privacy regarding their personal information. When this personal information is shared, or a consumer’s expectation of privacy is violated, the entity responsible may be in violation of consumer privacy laws. Consumers who have had their privacy invaded by companies sending intrusive solicitation text messages or phone calls may be eligible to file lawsuits regarding these privacy violations.

What Are the Consumer Privacy Laws?

One of the main consumer privacy laws is the Telephone Consumer Protection Act (TCPA). The TCPA was established in 1991 to protect consumers from being harassed by telemarketing calls made through automatic telephone dialing systems. These systems, similar to long codes, allow solicitors to make pre-recorded calls to hundreds or thousands of consumers at the same time without human intervention. In 2012, the TCPA was revised in order to grant consumers additional rights and protections under the law.

According to the TCPA, companies that wish to contact consumers via phone calls, text messages, or voicemails must comply with several rules. These rules include obtaining prior consent before sending messages meant to persuade consumers to purchase goods or services, calling between certain hours, and allowing consumers to opt-out of receiving messages at any time. Companies are also required to abide by the National Do-Not-Call Registry, a national list of numbers that have been registered by consumers who do not want to be contacted by solicitors.

Companies that violate these rules may be subject to fines between $500 and $1,500 for each violation.

Are There Exceptions to the TCPA?

There are some exceptions to the TCPA. Calls that are made for emergency purposes are not covered by the TCPA, as well as calls that are purely informational and do not contain an advertisement.

The Federal Communications Commission (FCC) issued a Declaratory Ruling regarding COVID-19 and the TCPA’s “emergency purposes” exemption. The TCPA continues to waive restrictions on these normally prohibited automated calls to cell phones as long as the calls are necessary due to health and safety risks, which includes coronavirus concerns.

It is important to note, however, that the FCC’s exemption is as narrow as possible. Indeed, the ruling very specifically delves into what kind of calls are considered exempt for emergency purposes due to the coronavirus.

“First, the caller must be from a hospital, or be a health care provider, state or local health official, or other government official as well as a person under the express direction of such an organization and acting on its behalf,” the ruling reads.

“Second, the content of the call must be solely informational, made necessary because of the COVID-19 outbreak, and directly related to the imminent health or safety risk arising out of the COVID-19 outbreak.”

However, while calls regarding the coronavirus made by health organizations or local governments may be legal under the law, some companies may be attempting to use the crisis to promote their business. Solicitation or scam calls regarding the coronavirus are likely to be against the law, and some consumers may be eligible to file lawsuits for these intrusive calls.

In fact, the FCC specifically notes that advertising for services made more essential during the ongoing pandemic, such as grocery delivery, health insurance, or cleaning products or services, do not constitute “emergency purposes” under the ruling.

In addition to the TCPA, there are also state-level regulations. In New York and Louisiana, for instance, state law prohibits telemarketing during declared states of emergency, with certain exceptions.

Unfortunately, not all annoying or unwanted phone calls are considered telemarketing, so they may slip by the TCPA’s regulations.

The TCPA allows charities, political organizations, and debt collectors to call consumers without first obtaining their prior, express consent, explains cyber safety company Norton. Even if your number is on the National Do Not Call List, these kinds of organizations can contact you.

If you are receiving annoying calls or texts from a company with whom you did business, you may have given your consent to receive marketing calls without realizing it. Many businesses will subtly add a consent clause or button to other documentation, so you may have inadvertently given consent to receive messages.

However, if you do get these types of calls, you can opt-out of future communications. The TCPA requires businesses with a telemarketing program to provide customers the option to opt-out at any time. 

If you are getting unwanted COVID-19-related messages from companies or organizations with whom you have done business in the past, your best bet may be to try to opt-out or remove yourself from contact lists. 

Some businesses may still take the risk and violate consumer privacy in the hopes of getting a sale. They may also engage in the practice of misleading customers into believing that a marketing call is an important, emergency message. Identifying reliable news sources about COVID-19 resources and information can be a good way to tell emergency messages from spam. 

How to Join a Coronavirus TCPA Class Action

If you have received coronavirus scam or solicitation calls, these communications may be in violation of the TCPA, and you may be able to pursue compensation through litigation. Hiring an attorney to review your case may be the first step in determining whether you qualify to receive compensation. It may be helpful to save records or screenshots of any potentially illegal phone calls or text messages, as well as write down the date, time, and nature of the calls and texts. Victims of consumer privacy invasion may be eligible to pursue damages between $500 and $1,500 for each TCPA violation.

Brendan’s Epic Golf Club Consumer Privacy Lawsuit is Case No: 2:20-cv-00556-SMB, filed in the U.S. District Court for the District of Arizona.

Join a Free Coronavirus TCPA Class Action Lawsuit Investigation

If you received unsolicited coronavirus texts, robocalls, or pre-recorded messages, you may be eligible to join a FREE coronavirus TCPA class action lawsuit investigation.

Get a Free Case Evaluation

This article is not legal advice. It is presented
for informational purposes only.