Twitter Text Spam TCPA Class Action Lawsuit Filed

A proposed class action lawsuit against Twitter alleges that the social media site violated the Telephone Consumer Protection Act (TCPA) by sending text spam to users without permission.

Plaintiff Beverly Nunes asked a California judge to grant her motion for summary judgment, confirming that there is no doubt that Twitter must be responsible for these unwanted text spam messages.

According to Nunes, no other entity could have sent the unsolicited texts, and is therefore the group liable in the TCPA class action lawsuit.

Nunes has said there really should be no question as to whether or not Twitter is responsible for the text spam, considering that the social media site itself has admitted on multiple occasions that it was the sender of these texts.

Acccording to Nunes, “…when submitting a Tweet, a Tweeter such as Justin Bieber or Donald Trump (or anyone else) need have no idea of whether, how, when, or to whom a notification of that Tweet will be disseminated by Twitter. That is all done by Twitter, with no input from the creator of the Tweet.”

Despite Twitter’s protests to the contrary, Nunes also claims that “Twitter is not being held accountable for the content of the messages it improperly sent to Plaintiff, but for sending those messages (whatever their content) to her cell phone without her consent using an autodialer.”

The proposed TCPA class action lawsuit was first filed in June 2014. The complaint alleges that after getting a new number, she immediately began receiving text spam from Twitter because of the accounts linked with the individual who previously held the number.

Nunes claims that she attempted to stop the communication, but failed. The lawsuit alleges that the company is purposeful in its retention of customers’ data, keeping information and using it to send text spam.

Though Twitter has attempted to avoid the lawsuit altogether, the judge denied that request in December 2014. The equipment that Twitter uses to make its calls, the judge concluded, is indeed considered an autodialer, and is therefore liable in this TCPA class action lawsuit.

The Telephone Consumer Protection Act

The Telephone Consumer Protection Act of 1991 (TCPA) is intended to protect consumers from unwanted solicitation by outside parties, including retail and other businesses. This includes the placement of robocalls – the use of an auto dialer and/or a pre-recorded message, including text spam, to reach consumers. Nevertheless, according to consumers, many companies choose to perform these kinds of calls anyway.

Actions by a company that are prohibited under the TCPA generally include:

• Calls placed to residences before 8 am or after 9 pm, local time
• Calling or texting consumers who specifically asked the company not to call them (i.e. consumers on the company’s do-not-call list)
• Calling or texting consumers on the National Do Not Call Registry
• Failing to identify the person or entity on whose behalf the call or text is being made
• Using an artificial voice or a recorded message
• Using an automated dialing machine to place the call or text
• Sending unsolicited advertising faxes

These restrictions do not apply if a consumer has provided prior express consent to be contacted, which negates do-not-call status and considers texts or calls solicited.

If you have received robocalls or text spam from Twitter or another company, and you believe them to be in violation of the TCPA, you may be eligible to join a TCPA class action lawsuit.

In order to be involved in a class action lawsuit against a company for TCPA violations, you will need to keep a good record of your experience with these messages and calls. Do not delete messages or phone records, and keep written record of violations.

The Twitter Text Spam Class Action Lawsuit is Nunes et al. v. Twitter Inc., Case No. 3:14-cv-02843, 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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