AT&T class action alleges co. sends unsolicited text messages

AT&T text messages class action overview: 

• Who: A Florida man is suing AT&T.
• Why: He says the company illegally sent him unsolicited text messages, even when he asked it to stop.
• Where: The AT&T text messages class action lawsuit was filed in a Florida federal court.

A Florida man is suing AT&T alleging the company illegally sent him and others unsolicited text messages, even when they asked the company to stop.

Plaintiff Josh Barrett filed the class action complaint against AT&T Inc. on July 12 in a Florida federal court. He alleges violations of the Telephone Consumer Protection Act (TCPA). 

The complaint claims that AT&T sends unsolicited text messages and continues to send messages to consumers even after they have opted out. 

Opt out attempts ignored

According to the lawsuit, in July 2022, AT&T started sending Barrett marketing text messages. 

Barrett said he tried to opt out of AT&T’s text messages by replying with a stop instruction. He alleges that despite this request, AT&T continued to send him text messages. 

Barrett says the messages aimed to “solicit the sale of consumer goods, services, and properties.” He pointed out screenshots of the messages provided in the complaint as evidence of TCPA violations. 

Barret says his attempts to opt out were ignored, which suggests that AT&T isn’t honoring other consumers’ requests to stop receiving text message marketing.

Lack of opt out procedure

Barrett alleges that AT&T’s refusal to honor opt-out requests also demonstrates a lack of proper procedures for maintaining a list of individuals who do not wish to receive text messages. 

The complaint says AT&T “does not provide adequate training” to its telemarketing team. The evidence of this is demonstrated by their continued messaging after opt-out requests.

“Defendant sent at least two solicitations after Plaintiff’s first opt-out request,” the lawsuit states.

Barrett claims that AT&T’s actions have caused harm to him and other class members. Those harms include inconvenience, invasion of privacy and annoyance. 

The lawsuit seeks to represent anyone in the United States who received two or more text messages from AT&T regarding its goods, services, or properties within any 12-month period after opting out by replying with a “stop” or similar instruction in the past four years.

He is seeking certification of the class action, damages, fees, costs and a jury trial. 

Meanwhile, at least nine class action lawsuits have been filed against AT&T Inc. in the wake of a report that the information of more than 70 million of its current and former customers was leaked online. 

Have you been sent unsolicited text messages by AT&T? Let us know in the comments!

The plaintiff is represented by Jibrael S. Hindi, Zane C. Hedaya and Gerald D. Lane, Jr. of The Law Offices of Jibrael S. Hindi.

The AT&T text messages class action is Josh Barrett v. AT&T Inc., Case No. 6:24-cv-01265 in the U.S. District Court for the Middle District of Florida.

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