Lyft, Jobcase Class Action Lawsuit Filed Over Text Message Spam

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Jobcase Inc. and Lyft Inc. have been hit with a class action lawsuit accusing them of sending unsolicited text messages to prospective drivers in violation of the Telephone Consumer Protection Act.

Plaintiff Mary Fente filed the TCPA class action lawsuit last week in Florida federal court. She alleges Jobcase, which owns and operates various job-related marketing websites, and Lyft, a ride-hailing service, knowingly and willfully violated the TCPA by engaging in an illegal telemarketing campaign to solicit potential Lyft drivers.

Fente is seeking injunctive relief, statutory damages and other available legal or equitable remedies that result from the allegedly illegal TCPA violations by Lyft and Jobcase.

The Telephone Consumer Protection Act is a federal law that prohibits people and entities from using an automatic telephone dialing system to call a cell phone number without the prior express consent of the recipient. Penalties for TCPA violations are $500 per $1,500 per call.

According to the Lyft TCPA class action lawsuit, Lyft’s business model depends on generating revenue from drivers, who provide transportation services to riders. Fente says Lyft aggressively markets its services and allegedly contracted with Jobcase to market its services to potential drivers, including Fente.

“Under the terms of this contract, Lyft encourages and incentivizes Jobcase to market Lyft’s services to drivers by providing Jobcase with a unique URL that tracks the number of potential drivers that access Lyft’s website via advertisements disseminated by Jobcase, and compensating Jobcase based on this number,” Fente alleges in the Jobcase TCPA class action lawsuit.

Fente says she received a text message sent by Jobcase on Lyft’s behalf on Aug. 10, 2017, encouraging her to apply to drive for Lyft. The text message allegedly stated: “Maria, START NOW: Drive with Lyft, up to $1500/wk. Click to apply! [link]  -jobhat text stop to end”.

Jobhat is a site operated by Jobcase, the TCPA class action lawsuit says.

Fente never provided her consent to Jobcase or Lyft to receive text messages sent using an automatic telephone dialing system, according to the TCPA class action lawsuit.

The TCPA class action lawsuit alleges the defendants used a combination of hardware and software systems with the capacity to dial sequential or random numbers en masse in an automated fashion without human intervention.

Fente says the unsolicited Lyft text message inconvenienced her, invaded her privacy and caused disruption to her daily life.

Lyft TCPA class action lawsuit was filed on behalf of Fente and a proposed Class of all people in the United States who received a text message on their cell phone made with the use of an automatic telephone dialing system by or on behalf of Lyft and/or Jobcase within the last four years. The text message spam must have not been made for an emergency purpose and must have been sent without the recipient’s prior express consent.

Fente represented by Scott A. Edelsberg, Jeff Ostrow and Avi R. Kaufman of Kopelowitz Ostrow Ferguson Weiselberg Gilbert; Andrew J. Shamis of Shamis & Gentile; and Manuel S. Hiraldo of Hiraldo PA.

The Lyft, Jobcase Text Message Spam Class Action Lawsuit is Mary Fente, et al. v. Jobcase, et al., Case No. 1:17-cv-24082, in the U.S. District Court for the Southern District of Florida.

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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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