Caribou Coffee Seeks Delay in Unwanted Text Message Class Action

Caribou Coffee Co. is facing an unwanted text message class action lawsuit alleging the chain violated TCPA rules.

However, the company is seeking to delay the unwanted text message class action until after the D.C. Circuit rules on a possible FCC change to TCPA rules.

The U.S. Chamber of Commerce and others have challenged the Federal Communication Committee’s order to expand the Telephone Consumer Protection Act or TCPA.

The challenge argues that the FCC’s updated definition of what an “automatic telephone dialing system” is seems to be overly general, which may make some callers liable for calling or texting numbers that once belonged to customers who had given express consent but were later reassigned.

The challenge states that since the new definition allows people to revoke their consent by “any reasonable means,” this may make it either difficult or impossible to keep track of numbers that have revoked their consent.

The D.C. Circuit appeals court will come to a decision on this challenge in the near future.

The outcome of this decision could resolve some of the issues in the Caribou Coffee text message class action lawsuit, the coffee chain said. The lawsuit, filed by lead plaintiff Kristie Farnham, alleges that Caribou sent dozens of unwanted text messages to thousands of individuals without prior express consent.

Issues in the Text Message Class Action Lawsuit

The issues presented in the challenge against the FCC’s updated definition are not only relevant, but central to the Caribou Coffee text message class action, said the company. The coffee chain requests that the proposed text message class action be stayed until the D.C. Circuit decides on the issues in the FCC challenge.

“Before the parties and the court here consider whether the texting equipment in this case was an ‘autodialer,’ whether plaintiff was the ‘called party,’ and whether her attempts to opt out were binding on Caribou, it is necessary to know what the terms ‘autodialer’ and ‘called party’ mean and what constitutes revocation of consent,” Caribou said in a statement. “This case thus should wait until the D.C. Circuit decides these questions.”

Farnham filed her text message class action in May, and alleges that Caribou had sent her around 50 unwanted text messages since March.

The complaint says that these texts were sent from a five-digit SMS short code number, which indicates they were sent from an automated telephone dialing system, and also suggests they were sent to other random cellphone users as well.

Through her text message class action lawsuit, Farnham is seeking $500 fines per message sent in negligent violation of the TCPA and up to $1,500 fines per message sent in knowing violation of the act. These are standard fines for TCPA violations.

According to Farnham, there could be as many as tens of thousands of individuals who have received such unwanted text messages from Caribou Coffee and are therefore eligible to join her text message class action lawsuit.

If you have received text message spam or robocalls from a company or group such as Caribou Coffee, you may be able to report violations and receive compensation. Keeping messages and phone records will help you provide proof of these violations in a text message class action lawsuit.

UPDATE: On June 12, 2017, Caribou Coffee agreed to pay $8.5 million to settle a class action lawsuit over allegations it sent unsolicited text messages in violation of the Telephone Consumer Protection Act.

UPDATE 2: On March 1, 2018, Top Class Actions viewers started receiving checks for $68.56 from a Caribou Coffee TCPA class action settlement over allegations that they received unwanted text messages from the coffee company.

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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