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The Weather Channel Text Spam Class Action Lawsuit
By Matt O’Donnell
A federal class action lawsuit claims The Weather Channel bombards people with spam text messages even after being asked to stop, in violation of the Telephone Consumer Protection Act.
Plaintiff Michael Rossell alleges in the class action lawsuit that he asked The Weather Channel to stop sending him text messages by replying “Stop” – “thereby confirming he did not provide any prior consent to Defendant to send such text messages to his cellular telephone and rescinded any such prior consent should any have existed.”
Despite informing The Weather Channel to discontinue sending text messages to his phone, Rossell received yet another unsolicited text message within the same day informing him that The Weather Channel would no longer send text messages to his phone. Rossell was charged by his wireless carrier for this unsolicited text message. This violates the TCPA, which prohibits companies from making unsolicited commercial text calls, the class action lawsuit says. Violating the TCPA carries a $500 fine per violation.
The Weather Channel text spam class action lawsuit is brought on behalf of all persons in the U.S. and its territories who received one or more unauthorized text messages on behalf of TWC. It is seeking an award of actual and statutory damages, an injunction requiring TWC to cease all wireless spam activities, and more.
A copy of The Weather Channel Text Spam Class Action Lawsuit can be read here.
The case is Michael Rossell v. The Weather Channel, LLC, Case No. 12-cv-4098, U.S. District Court, Northern District of California.
Updated August 6th, 2012
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