Avis Text Message Spam Lawsuit Filed in New Jersey Federal Court

lawsuit

An Avis text message spam lawsuit has been filed as a proposed class action, alleging the rental car company sent unsolicited text messages to the cell phones of individuals, in violation of the Telephone Consumer Protection Act (TCPA).

Plaintiff Joshua Sauberman filed this Avis text message spam lawsuit on behalf of himself and on behalf of a proposed Class of individuals similarly situated.

The lawsuit explains that when customers make a reservation for a car rental, they are asked if they would like to receive text message alerts, and must check a box in order to indicate their consent to receiving text messages from the company.

“Notwithstanding this, Defendant Avis’s system automatically sends text messages to consumers who did not check the checkbox to receive text messages,” the lawsuit states.

Sauberman claims that the initial texts sent out “make clear that the person has yet to consent to actually receiving text messages.” He states that the text messages sent from the company read as follows: “Avis: Reply “Y ES” to receive text alerts for your rental. 4 msg per rental. Text STO P to end, HELP for help + T&C’s. Std. Msg&Data rates may apply.”

The plaintiff states that these messages were sent out to thousands of cell phone numbers throughout the country. He contends that not only did Avis send unsolicited text messages, the company did so by using an automatic telephone dialing system, according to the Avis text message spam lawsuit.

On January 23, 2018, Sauberman says that he reserved a car with Avis using its website to do so, then he almost immediately received a text from the company.

“At no time did Plaintiff Sauberman consent to the receipt of text message calls from Defendant, let alone provide oral or written express consent to defendant to receive such calls,” the Avis text message spam lawsuit states.

“By making unauthorized text message calls as alleged herein, Defendant has caused consumers actual harm and cognizable legal injury. This includes the aggravation and nuisance and invasions of privacy that result from the receipt of such text messages, in addition to a loss of value realized for the monies consumers paid to their wireless carriers for the receipt of such text messages,” the claim further reads.

Sauberman goes on to state that in addition to the legal injuries named above, customers suffered from wear and tear on their cell phones, including the consumption of battery life and cellular data or minutes on their plans.

The plaintiff, on behalf of himself and the proposed Class has brought forth a single allegation against Avis: violation of the Telephone Consumer Protection Act.

He is seeking relief by way of class certification and being appointed Class Representative, statutory damages of $500 (which should be trebled if Avis is found to have willfully sent the messages), an injunction against Avis to cease all wireless spam activities, attorneys’ fees and costs, and incentive award for the class representative and “a declaration that Defendant used an ATDS to send the text messages and that Defendant failed to obtain prior express consent from Plaintiff or from anyone else.”

The Avis Text Message Spam Lawsuit is 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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