Uber Hit With Text Message Spam Class Action Lawsuit

A California woman filed a text spam class action lawsuit against Uber alleging she received a text message in connection with advertising and promotional offers.

Plaintiff Marisa Lainer filed the Uber TCPA class action lawsuit alleging the ride service company placed unsolicited text messages using an automatic telephone dialing system to her and other consumers who did not consent to receive such messages for the purpose of signing up to be an Uber driver.

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

Lainer claims the text message she received did not include an opt-out clause, and that she had never engaged with Uber to be a potential driver nor had she ever consented to receive texts from Uber for that purpose, the Uber class action lawsuit 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 for its promotional campaign to recruit Uber drivers without prior express written consent. Lainer 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, but the TCPA class action lawsuit alleges one method is the sending of prolific text messages to prospective Uber drivers.

TCPA and Text Message Spam

The Telephone Consumer Protection Act (TCPA) prohibits the use of automatic telephone dialing systems 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 unsolicited 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 TCPA Class Action Lawsuit is Maria Lanier, individually and on behalf of all other similarly situated v. Uber Technologies Inc., Case No. 2:2015cv9925 in the U.S. District Court for the Central 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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