Certification Sought for DirecTV Text Spam Class Action Lawsuit

Certification Sought for DirecTV Text Spam Class Action Lawsuit

By John Curran

A Florida man is seeking class certification for a new DirecTV text spam lawsuit filed in federal court on July 26, alleging that the company permits affiliate marketers to engage in violations of the Telephone Consumer Protection Act (TCPA).

Plaintiff Bill Cooke alleges that on May 30, 2012, he received text message spam that, translated from the Spanish, read: “INFO: 1810[sic]-545-4890 *DIRECTV*RESIDENTIAL / COMMERCIAL FROM $29.99 PER MONTH FOR UP TO 4 TVS. *FREE HD SERVICE* CALL NOW 1810[sic]545-4890 INFO”. It constitutes a TCPA violation, according to the potential class action lawsuit, because it is generic and thus could reasonably be from an automated telephone dialing system.

The class action lawsuit filed by Bill Cooke’s text spam lawyer notes a string of offenses by DirecTV or its marketing affiliates, including:

• A 2005 government injunction where the telecommunications provider “agreed to be permanently restrained and enjoined from failing to monitor outbound telemarketing campaigns conducted by its authorized dealers.”
• In 2009, a government complaint on the same policies resulted in another injunction. Combined fines totaled $7.8 million
• This year, the Federal Communications Commission rebuked the company when it asked to be exempt from new agency guidelines regarding culpability for marketing contractors’ actions.

As a result of this alleged history of illegal outbound telemarketing campaigns and a host of TCPA violation reports, the DirecTV text class action lawsuit alleges that the company has a policy of willfully ignoring statutes that protect consumers.

The DirecTV Text Spam Class Action Lawsuit is Bill Cooke v. DirecTV Inc., Case No. 13-cv-22696, U.S. District Court, Southern District of Florida.

TCPA Violations May Net Victims Hundreds of Dollars

Many people have received text messages from companies they have not had contracts with for products and services, and to which they did not provide any consent to receive any type of messaging. Each potential violation may result in the payment of up to $1,500, and a class action lawsuit can speed up any potential damages.

Learn more and see whether or not you have a class action lawsuit by getting a free consultation with a text spam lawyer. One is available at the Text Message Spam, Cell Phone Call TCPA Class Action Lawsuit Settlement Investigation by filling out the short form there.

Updated August 7th, 2013

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