Coca-Cola Text Spam TCPA Class Action Lawsuit
By Mike Holter
Coca-Cola has been hit with a class action lawsuit claiming it bombards customers’ cell phones with spam text messages even after they’ve opted out of its so-called “rewards” program. The Plaintiff claims this is a violation of the Telephone Consumer Protection Act (TCPA), which prohibits companies from using an automatic dialing system to make unsolicited calls or text messages to a customer’s cell phone.
“In an effort to promote a variety of its products and services, [Coca-Cola] encourages consumers to subscribe to its rewards program. Once subscribed, Defendant floods consumers’ cellular telephone with multiple text message calls every week, frequently making unwanted text message calls at all hours of the day,” the Coca-Cola text spam class action lawsuit states.
Customers who become frustrated with these excessive text messages and try to opt out of receiving further unauthorized texts from Coca-Cola still receive them, “long after they have opted-out from receiving any text message calls from Coca-Cola,” the TCPA class action lawsuit says.
“By making these unauthorized text message calls, Defendant has caused consumers actual harm, not only because consumers were subjected to the aggravation that necessarily accompanies the receipt of unauthorized text message calls, but also because consumers frequently have to pay their cell phone service providers for the receipt of such unauthorized [texts].”
The Coca-Cola TCPA class action lawsuit is seeking an award of actual and statutory damages for a proposed class of all persons in the U.S. and its Territories who received one or more unauthorized texts from or on behalf of Coca-Cola. It is also seeking a permanent injunction requiring Coca-Cola to cease all unsolicited text message activities.
A copy of the Coca-Cola Text Spam Class Action Lawsuit can be read here.
The case is Shaghayegh Missaghi v. The Coca-Cola Company, Case No. 12-cv-7472 SJO (Ex), U.S. District Court, Central District of California. The Plaintiff is represented by Sean P. Reis of the law firm Edelson McGuire LLP.
Updated September 4th, 2012
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