Car rental service Avis was slammed with a class action lawsuit alleging the company sent unsolicited text messages to consumers as part of a “bulk SMS” scheme.
Lead plaintiff Joshua Sauberman alleges that Avis subjected consumers to unwanted text messages even though they asked not to be sent these messages.
The plaintiff claims Avis violated the Telephone Consumer Protection Act by using an “automatic telephone dialing system” to send the text messages.
According to the Avis class action, the plaintiff and other potential class members notified Avis that they would not like to receive text messages about their car rentals by selecting a box during the rental process.
Regardless, Avis allegedly sent Sauberman “an email and an unsolicited text message from 48400, Defendant Avis’s short code, to his personal cell phone, purporting to alert Plaintiff that he could receive additional alerts if he responded ‘Yes.’”
“The full message, which was identical to the messages received by the rest of the class members, stated: ‘Avis: Reply ‘YES’ to receive text alerts for your rental. 4 msg per rental. Text STOP to end, HELP for help + T&C’s. Std. Msg&Data rates may apply,’” said the plaintiff in his complaint.
Sauberman alleges that he did not consent to such messages and the texts interfered with his use and enjoyment of his cellular telephones, including draining the battery life, causing wear and tear on related data, software and other components, and by appropriating cellular data or minutes.
“Avis failed to obtain any consent that informed consumers that they agreed to receive text messages with the use of automated technology and informing them that consenting to receive such messages was not a condition of any purchase,” contends the class action. “Indeed, Avis sent its text messages specifically to consumers who did not agree to receive text messages by selecting any SMS checkbox, inviting them to receive even more Avis text messages.”
The plaintiff argues that Avis should have obtained permission to send consumers the text messages prior to sending them, not after, in the body of the text. “In the present case, Defendant employed a backwards process: instead of sending a text message asking for permission to send text messages, Defendant should have obtained consent prior to sending any autodialed text messages,” the Avis class action lawsuit states.
The plaintiff seeks to represent a nationwide Class of consumers who received unwanted text messages from Avis in the past four years. The plaintiff says Avis is liable under the TCPA and should pay statutory damages. He is also seeking an injunction, attorneys’ fees and costs and an incentive reward.
Sauberman is represented by Ari Marcus of Marcus & Zelman LLC and Steven L. Woodrow and Patrick Peluso of Woodrow & Peluso LLC.
The Avis TCPA Unwanted Text Message Class Action Lawsuit is Sauberman v. Avis Rent A Car System LLC, Case No. 2:17-cv-00756-WJM-MF, in the U.S. District Court for the District of New Jersey.
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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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