DirecTV Class Action Lawsuit Alleges Text Messages Violate TCPA

The DirecTV Group Inc. and Viasat Inc. d/b/a Exede Internet have been hit with a class action lawsuit alleging they sent marketing text messages that violated the Telephone Consumer Protection Act (TCPA).

According to the TCPA class action lawsuit, DirecTV provides television services and Exede provides internet and telephone services to residential and commercial consumers.

Plaintiff Daniel Getz alleges that DirecTV and Exede engaged in a joint marketing effort by offering special discounts to consumers who purchase new DirecTV and Exede products.

For example, Exede offered special discounts when its customers purchased new DirecTV products and DirecTV offered special discounts when its customers purchased new Exede products.

Exede used unsolicited text messages, with the approval of DirecTV to promote their respective services, the DirecTV class action lawsuit alleges.

“Defendants caused thousands of unsolicited text messages to be sent to the cellular telephones of Plaintiff and Class Members, causing them injuries, including invasion of their privacy, aggravation, annoyance, intrusion on seclusion, trespass, and conversion,” Getz says in the TCPA class action lawsuit.

On Feb. 9, 2018, the defendants allegedly sent a marketing text message to Getz that stated: “Exede customers: Order DIRECTV today and get DIRECTV for $35/mo + free $200 VISA gift card! 150 channels. Call to order 800-845-1010.”

According to the DirecTV class action lawsuit, the “impersonal and generic nature” of this text message suggests it was sent using an automatic telephone dialing system, which is prohibited by the TCPA when used to send non-emergency telephone communications to consumers without their prior express written consent.

An automatic telephone dialing system is a type of equipment that is capable of dialing phone numbers without human intervention.

“These calls were made without regard to whether Defendants had first obtained express permission from the called party to make such calls,” the DirecTV TCPA class action lawsuit states. “In fact, Defendants did not have prior express consent to call the cell phones of Plaintiff and the other members of the putative Class when its calls were made.”

Getz claims that the defendants knew they did not have prior express consent to send the marketing text messages to consumers and that they knew they were using an automatic telephone dialing system to make the calls.

“The violations were therefore willful or knowing,” Getz says in the DirecTV class action lawsuit. Willful or knowing TCPA violations may result in penalties of $1,500 per violation.

Getz filed the TCPA class action lawsuit on behalf of himself and a proposed nationwide Class of consumers in the United States who were sent a marketing text message from or on behalf of DirecTV and/or Exede to their cell phone number within the last four years without the recipients’ prior express written consent.

The DirecTV class action lawsuit seeks injunctive relief, actual and statutory damages, and other relief the court deems proper.

Getz is represented by Andrew J. Shamis of Shamis & Gentile PA.

The DirecTV Text Message Spam Class Action Lawsuit is Daniel Getz v. The DirecTV Group Inc., et al., Case No. 1:18-cv-22802, in the U.S. District Court for the Southern District of Florida, Miami.

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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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