Uber Class Action Lawsuit Claims Company Sends Spam Texts

The ride sharing app Uber faces a class action lawsuit claiming that the company sent spam text messages, violating the Telephone Consumer Protection Act.

Plaintiff Shelton Bollinger alleges that he received text messages from Uber, sending him an “Uber code,” beginning on June 11, 2018.

He says he texted “wrong number” in response to the message, and received an automated response notifying him that responses to that number were not monitored.

He then allegedly texted “stop” to the same number, and was then notified that SMS messaging had been disabled, but then received over 35 messages from the same number.

The Uber class action lawsuit claims that many times Bollinger received these messages early in the morning or late at night, and that they disrupted his sleep.

Additionally, the plaintiff says these messages were so numerous that they were disruptive to his life in general, causing him to have to take time to look at the message, attempt to contact Uber to have the messages stop.

The Uber text message class action lawsuit alleges that the messages decreased his enjoyment of his phone, and caused him to use data and wifi to receive the messages he did not want.

Bollinger claims that these messages he received from Uber were spam text messages and represented violations of the Telephone Consumer Protection Act (TCPA).

The Uber class action lawsuit states that Uber sent comparable messages to thousands of individuals.

According to Bollinger’s TCPA class action lawsuit, “cellular phone subscribers across the country report that they have received the same text messages from Uber.”

The plaintiff seeks to represent all similar affected individuals, and seeks damages for himself and others who received spam texts from Uber, in the amount of $500 in statutory damages for every TCPA violation and $1,500 in statutory damages for every willful and knowing TCPA violation, as is afforded by the TCPA itself.

He also seeks an injunction requiring Uber to stop violating the Telephone Consumer Protection Act.

The Uber spam text class action lawsuit claims that Uber violated the TCPA by sending messages to individuals who had not given their prior express consent to be contacted.

Allegedly, the TCPA requires businesses to seek prior express consent from individuals before contacting them via phone call, fax, or text message.

Additionally, the Uber TCPA text class action lawsuit claims that the company violated the TCPA by using an autodialer to send messages to many numbers simultaneously, a practice prohibited by the TCPA in the interest of protecting consumers from bothersome messages from consumers.

The Uber class action says Uber knows of the TCPA’s requirements of businesses regarding text messages and advertising to consumers, but knowingly and willfully made a practice of violating the TCPA nonetheless.

Allegedly, the company injured individuals by creating a nuisance, and requiring them to spend time and resources to deal with the messages.

Bollinger is represented by Daniel C. Girard, Angelica M. Ornelas, and Simon S. Grille of Girard Gibbs LLP.

The Uber Text Message TCPA Class Action Lawsuit is Shelton Bollinger v. Uber Technologies Inc., Case No. 3:18-cv-0438, in the U.S. District Court for the Northern District of California.

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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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