Uber Slapped With Another Unwanted Text Messages Lawsuit

A Florida woman filed a text message spam class action lawsuit against Uber alleging she received unwanted text messages in connection with a marketing campaign.

Plaintiff Amanda Shaver filed the Uber text spam class action lawsuit alleging the ride service company placed unwanted text messages using an autodialer to her and other potential passengers and drivers who did not consent to receive such messages.

“In an effort to promote its transportation services, [Uber], through its agents, engaged in an invasive and unlawful form of marketing: the transmission of unauthorized advertisements in the form of ‘text message’ calls to the cellular telephones of consumers throughout the nation,” the complaint says.

In most instances, automated text messages and unsolicited text messages violate the Telephone Consumer Protection Act (TCPA), and each TCPA violation allows for $500 to $1,500 per violation.

As part of a mass marketing campaign to recruit Uber drivers and passengers, Uber allegedly sent out automated text messages to the cellphones of potential passengers and drivers, the complaint states.

According to the Uber text message spam lawsuit, Shaver claims she never consented to receive texts from Uber for the purpose of being a passenger or driver for the company.

“By sending these unauthorized text messages, [Uber] violated the statutory and privacy rights of the individuals to whom the messages were sent,” the complaint says.

She is filing this TCPA class action lawsuit on behalf of all other consumers who have received these unwanted text messages from Uber reportedly using an autodialer without prior express written consent. Shaver has demanded a jury trial for this case.

Uber is a worldwide ride sharing service that uses a cellphone application to connect riders and drivers and allows users to request and pay for on-demand car services.  Drivers use their own cars and pay Uber a fee for the rides provided.

Uber recruits drivers through a number of methods, and this is the third TCPA class action lawsuit filed in federal court against the company alleging violations of the TCPA.

TCPA and Unwanted Text Messages

The Telephone Consumer Protection Act (TCPA) prohibits the use of an autodialer to make any calls to a telephone number assigned to a mobile device without “prior express consent” of the called party.

This prohibition applies to text message marketing because the Federal Communications Commission (FCC) and several courts have ruled that a “text message” is a “call.”

Additionally, the law requires telemarketers to provide an automated interactive opt-out mechanism during each robocall so that consumers can immediately tell the telemarketer to stop calling.

Many businesses, like Uber, have conducted text message marketing campaigns on the basis of prior express consent. But in recent years, annoyed recipients of unwanted text messages have brought lawsuits under the provision of the TCPA.

The law specifically states that each unsolicited phone call or text message carries a civil fine of between $500 to $1,500. For cell phone users, the problems could be more than just simple annoyances.

Many cell phone carriers charge per received call, and the problem is amplified if the recipient is on a pre-paid cell phone plan.

The Uber Text Spam Class Action Lawsuit is Amanda Shaver v. Uber Technologies Inc., Case No. 1:16-cv-22067 in the U.S. District Court for the Southern District of Florida.

Join a Free Uber Text Message Class Action Lawsuit Investigation

If you have received unwanted or unsolicited text messages from Uber, you may be eligible to participate in a free Uber class action lawsuit investigation.

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