Gather App Class Action Says Sending Unwanted Texts Violates TCPA

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Makers of the Gather smartphone app are facing a TCPA class action lawsuit that could put them on the hook for millions of dollars in damages.

Plaintiff Paul Ruppe says he received unsolicited and automatically-generated text messages from defendant GatherApp Inc. He claims these text messages and thousands of others like them were sent without the recipient’s consent, in violation of federal anti-telemarketing laws.

GatherApp markets Gather, a free smartphone app that allows users to create and send invitations for real-world events to persons in their smartphone’s contact list.

But the app does more than send discrete invitations to user-specified friends, according to this Gather class action lawsuit. Ruppe reports that once a user installs the app and authorizes it to access the user’s contact list, the app then automatically sends a text to all persons in the user’s contact list inviting them to become Gather users themselves.

Ruppe says that on two occasions in 2017, Gather created automatically-generated text messages and sent them to his smartphone. The text messages originated from a Gather-owned “short code,” a five- or six-digit number used to send and receive text messages. Short codes can be used to send 100 messages or more per second.

The plaintiff says he never consented to receive such messages from Gather and has never given Gather his phone number. He claims he “has never used Gather’s application of services, has never downloaded the Gather App on his mobile device, and has never had any type of relationship with Gather.”

Many other persons have received similar unwanted and unconsented text message spam from Gather, Ruppe claims. He cites several complaints logged in online forums by consumers who received unwanted text messages from Gather.

Ruppe’s claim falls under the federal Telephone Consumer Protection Act, or TCPA. The TCPA prohibits certain types of automatically-dialed or generated electronic communications made without the recipient’s prior express consent.

Originally passed in 1991, the TCPA placed restrictions on autodialed phone calls to land lines and unsolicited faxes. Today, the law has been updated to restrict autodialed contacts to mobile phones, including SMS text messaging.

Businesses that send unsolicited text messages in violation of the TCPA can be on the hook for $500 in statutory damages for each unlawful text message. The penalty can increase to $1,500 for each violation that is made knowingly or willfully.

Ruppe proposes to represent a plaintiff Class consisting of all persons in the U.S. who received one or more automatically-dialed text messages on their mobile phones from Gather without having given Gather their prior express consent to be contacted that way, at any time during the four years leading up to this Gather class action lawsuit.

He expects Class Members could number in the thousands. Gather has been downloaded over 50,000 times by persons within the U.S. Any number of persons on those users’ contact lists could qualify as Class Members.

Ruppe seeks a court injunction prohibiting Gather from continuing the practices at issue here. He also seeks an award of statutory damages, court costs and attorneys’ fees, and any other relief the court deems proper.

Ruppe is represented by attorneys Michael L. Silverman and Klint L. Bruno of The Bruno Firm.

The Gather App Text Message Spam Class Action Lawsuit is Paul Ruppe v. GatherApp Inc., Case No. 2017-CH-07052, in the Circuit Court of Cook County, Illinois.

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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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