Class Action Lawsuit Over Taxi Magic Text Messages Trimmed

A Washington federal judge has trimmed a proposed class action lawsuit over text messages promoting the Taxi Magic smartphone app, ruling that they were not sent in violation of the Telephone Consumer Protection Act.

Plaintiff Torrey Gragg sued Orange Cab Co. Inc. and RideCharge Inc. in March 2012 after booking a ride with Orange Cab. Gragg alleged that the Taxi Magic smartphone app, created by RideCharge and used frequently by Orange Cab, allowed the taxi company to send him unwanted text messages and announcements about their services.

U.S. District Judge Robert S. Lasnik disagreed, ruling that the smartphone app did not violate the Telephone Consumer Protection Act because it does not have the capacity to store or produce phone numbers to be called randomly — a key feature of an automatic telephone dialing system.

The TCPA prohibits companies from sending text messages without prior express consent or from using an automatic telephone dialing system (ATDS) to send them.

“The court finds that plaintiff has not raised a genuine issue of material fact regarding their assertion that the Taxi Magic program is an ATDS.  The evidence demonstrates that defendants’ integrated system is not an ATDS but is in fact a limited setup which relies on human intervention to transmit dispatch notifications to customers,” Judge Lasnik wrote.

Lasnik had previously dismissed a claim that the Taxi Magic text messages violated the Washington State Consumer Protection Act. The only remaining claim is for violations of Washington’s Commercial Electronic Mail Act.

The class action lawsuit asserts that Gragg never provided consent to receive the text messages, and claims the defendants sent thousands of similar unsolicited text messages to consumers in Washington and the rest of the country.

Gragg asserts that the unsolicited messages imposed unnecessary charges on his cellphone bill, and may have prevented him from receiving important phone messages. Orange Cab argued that it incorporated RideCharge’s Taxi Magic app to help customers arrange transportation with them, and that no unsolicited text messages were sent through this system.

Judge Lasnik agreed with the defendants and trimmed the TCPA claim from the class action lawsuit.

This case is Torrey Gragg, et al. v. Orange Cab Co. Inc., et al., Case No. 2:12-cv-00576, in the U.S. District Court for the Western District of Washington.

Did You Receive an Unwanted Text Message?

If you received an unsolicited text message or cell phone call, you may be able to take legal action against the company(ies) responsible. Consumer class action settlements for TCPA violations typically pay out $100 to several hundred dollars to Class Members. See if you qualify to participate in a class action lawsuit by filling out the short form at the TCPA Class Action Lawsuit Investigation.

UPDATE: A federal judge granted class action certification to the Taxi Magic text messages class action lawsuit.