Snapchat Class Action Says App Company Sends Unwanted Texts

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A class action lawsuit filed against the popular app Snapchat Inc. alleges the company sends unwanted text messages to cell phones, in violation of the Telephone Consumer Protection Act.

According to the Snapchat class action, “The TCPA was designed to prevent calls and messages like the one described within this complaint, and to protect the privacy of citizens like Plaintiff.”

In particular, the TCPA prohibits marketers from using ATDS or recorded scripts in calls to consumers’ cellular phones, without their express permission. Congress determined that “[b]anning such automated or prerecorded telephone calls… is the only effective means of protecting telephone consumers from this nuisance and privacy invasion.”

The TCPA also protects such unwanted communications on cell phones. As one court explained, “An automated call to a landline phone can be an annoyance; an automated call to a cell phone adds expense to annoyance.”

Plaintiff Dave Vaccaro of Los Angeles states that in January of 2017 Snapchat “began to use Plaintiff’s cellular telephone for the purpose of sending Plaintiff spam advertisements and/or promotional offers, via text messages.”

Vaccaro says one of the texts from Snapchat read “SNAPCHAT INC. Code: 912056. Happy Snapping!” The complaint contends that these text messages were sent using an “SMS Blasting Platform,” which is a form of automatic telephone dialing system (ATDS). Vaccaro claims that he was never a Snapchat customer, and never gave permission for Snapchat to send him these spam text messages.

The Snapchat text lawsuit requests certification of a Class of all persons in the U.S. who received unsolicited text messages from Snapchat without prior consent in the past four years. The class action seeks statutory damages of $500 for every negligent violation of the TCPA, and $1,500 for each knowing or willful violation of the TCPA. The complaint also asks for an injunction stopping Snapchat from sending spam texts in the future.

Vaccaro is represented by Todd M. Friedman, Meghan E. George and Adrian R. Bacon of the Law Offices of Todd M. Friedman PC.

The Snapchat Spam Text Messages Class Action Lawsuit is Dave Vaccaro v. Snapchat Inc., Case No. 2:17-cv-02870, in the U.S. District Court for the Central District of California.

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Under the TCPA, businesses cannot use automated dialing systems 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 class action lawsuit against the company. 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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