Uber Faces New Text Message Spam Lawsuit

A new TCPA class action lawsuit was recently filed against Uber Technologies, Inc. (Uber) for sending unwanted text message spam even after the plaintiff asked the company in writing to stop.

According to the Uber text message spam lawsuit, because the unwanted text messages were allegedly sent using an automated service, Uber violated federal law, specifically the Telephone Consumer Protection Act or TCPA.

Lead plaintiff Matthew Johnson is just one of many consumers who were sent numerous messages after asking Uber multiple times to stop the unwanted text messages.

He alleges that since the beginning of 2016 he has received dozens of text message spam from Uber. Johnson believes Uber obtained his cell phone number after he applied to become a driver for the company.

Although he ultimately decided to forgo submitting the application, Uber began sending him messages inquiring whether or not he needed assistance with the application or wanted to speak with an Uber representative.

No longer desiring to be employed by Uber, Johnson sent numerous written requests expressly demanding the text message spam stop. According to Johnson his “stop” requests were an express revocation of consent to be contacted by Uber via an automated text dialing service.

While the text messages continued, Johnson alleges that he deleted his Uber account in attempt to prevent more messages from being sent. Ironically his termination of account confirmation was sent by Uber via text message.

Unfortunately, Johnson’s actions were unsuccessful in stopping Uber from continuing to send the unwanted spam messages.

Johnson alleges that he suffered actual injury from the defendant’s texts in the form of data storage, data usage, plan usage, lost time spent addressing the unwanted text messages, and an invasion of privacy.

He claims he is entitled to damages under the TCPA in the form of statutory and injunctive relief. He also claims he is entitled to receive at a minimum $500 for each post “stop” text message sent to his mobile device.

While the minimum recovery per unsolicited automated text message is $500, messages that are willfully sent in violation of the TCPA require payment of treble damages.

Johnson alleges that the messages sent to his cell phone were sent willfully and Uber knew it was sending the messages through an automated dialing system without his consent.

Because of this, Johnson believes he is entitled to $1,500 for each non-conforming text message sent to his phone.

Johnson also references the numerous complaints received by the Federal Trade Commission in his unwanted text messages lawsuit.

Due to the volume of Uber text message spam complaints, Johnson is requesting certification to represent a nationwide class of consumers similarly situated.

Filing a Text Message Spam Lawsuit

Under the TCPA, business cannot use automated dialing services to make phone calls or send text messages without the express consent of the consumer.

Consumers who have received text message spam may be able to bring a TCPA lawsuit against the company.

The Uber Text Message Spam Class Action Lawsuit is Johnson V. Uber Technologies Inc., Case No. 16-CV-50113 in the U.S. District Court in the Northern District of Illinois.

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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