Lyft Class Action Says Company Sends Unwanted Text Messages

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Last week, Lyft Inc. was hit with a class action lawsuit accusing it of violating the Telephone Consumer Protection Act by sending text messages to reassigned phone numbers.

Plaintiff Shari Lindenbaum of Ohio alleges she began receiving unsolicited autodialed text messages from Lyft on her cell phone on March 20, 2017.

According to the Lyft class action lawsuit, the cell phone number has been registered on the National Do Not Call Registry since Aug. 25, 2007.

The series of text messages she received notified her about possible accommodations and informed her that her ride had arrived. She subsequently received a text message informing her that she would be charged a $5 fee for missing her Lyft ride.

According to the Lyft class action lawsuit, Lindenbaum continued to receive notifications on her cell phone regarding available accommodations followed by a text message informing her that a Lyft driver had arrived.

To use Lyft, a person must download the Lyft app and create an account. A telephone number must be provided to Lyft in order to utilize the ride-hailing service.

Once an account has been created, the user can request a ride from a Lyft driver. Lyft will then send an autodialed text message to the phone number on file. This text message alerts the user to the driver’s name and vehicle information, and notifies the user when the driver has arrived.

“In an effort to market its commercial ride services and to maximize revenue by increasing customer usage, Lyft sends autodialed text messages to cellular telephones,” the TCPA class action lawsuit alleges. “Unfortunately for consumers, Lyft casts its marketing net too wide.”

According to the Lyft class action lawsuit, Lyft has engaged in a telemarketing campaign that involves the sending of repeated unsolicited text messages to consumers’ cell phones without their consent, in violation of the TCPA.

Lindenbaum says she never provided her express written consent to Lyft to receive autodialed text messages on her cell phone. She claims the number is likely associated with another person’s Lyft account, but she cannot access that person’s account to opt out of the unwanted text messages.

The Lyft TCPA class action lawsuit was filed on behalf of Lindenbaum and two proposed Classes. The first proposed Class includes consumers who received text messages from Lyft on their cell phones for non-emergency purposes and who did not provide their prior express consent to receive autodialed text messages from Lyft.

The second proposed Class includes individuals who received calls from Lyft on a cell phone number that was registered on the National Do Not Call Registry for at least 30 days, and who did not provide prior express consent to Lyft to send autodialed text messages to the number.

Lindenbaum is seeking an injunction requiring Lyft to stop sending all unsolicited text messaging activities and to stop calling or texting phone numbers that are listed on the National Do Not Call Registry. She seeks an award of actual or statutory damages, attorneys’ fees and costs.

Lindenbaum is represented by Adam T. Savett of Savett Law Offices LLC.

The Lyft TCPA Class Action Lawsuit is Shari Lindenbaum v. Lyft Inc., Case No. 1:17-cv-01991, in the U.S. District Court for the Northern District of Ohio.

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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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