Twitter Hit TCPA Class Action Over Unsolicited Text Messages

Twitter is facing a $5 million proposed class action lawsuit over unwanted text messages alleging that the social media company violated the Telephone Consumer Protection Act (TCPA) by sending hundreds of unsolicited text messages.

In March, lead plaintiff Beverly Nunes asked U.S. District Judge Vince Chhabria to grant her motion for summary judgment.

Nunes alleges that there is no question Twitter Inc. was responsible for the unsolicited text messages, and claims that the company has even admitted it sent the text message spam.

Overview of TCPA Allegations

Nunes filed her text message class action lawsuit against Twitter in June 2014, stating that after getting a new phone number she began receiving text message spam associated with the account of the person who previously had her cellphone number.

Nunes tried to stop the messages, but because she did not use a valid “STOP” command, Twitter’s system did not recognize the requests and they were instead posted online as tweets associated with the cellphone number.

Nunes accused the social media giant of collecting and storing user data, including user cellphone numbers, for the purpose of sending unsolicited text messages to its users.

Twitter has argued that it is immune from the TCPA charges because it is shielded under the Communications Decency Act (CDA), which protects interactive computer service providers from liability for third party content. 

However, Nunes has argued that her text message class action lawsuit is not about the content of the text messages, but rather the fact that Twitter sent the messages in the first place. Nunes alleges Twitter sent the messages without her consent and using an autodialer, thereby violating the TCPA.

In December 2014 Judge Chhabria looked to FCC interpretation, and found that the equipment Twitter used to make the calls constituted an automated dialing system.

Under the TCPA, companies can be fined up to $500 per negligent violation and $1,500 per willful violation.

The Text Message Class Action Lawsuit is Beverly 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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