Yahoo ‘Welcome Message’ Lawsuit Gets Class Certification

A federal judge in Illinois partially certified a class in the Yahoo class action lawsuit originally filed in 2014, alleging that Yahoo sent a welcome text message to cell phone users immediately after the user received a message from someone who used the Yahoo messenger software.

The initial TCPA lawsuit was filed by two plaintiffs, Rachel Johnson and Zenaida Calderin, who represented users of Sprint Corp. mobile phone service and T-Mobile services, respectively.

Both plaintiffs claimed that Yahoo violated the Telephone Consumer Protection Act (TCPA) when the company sent the welcome text message to their cell phones, saying the message was considered an advertisement and telemarketing.

U.S. District Judge Manish S. Shah certified the Sprint customer class, with Johnson named as the class representative. However, Judge Shah denied certification to the T-Moblile class, saying that Calderin had consented to receive the messages from Yahoo.

Johnson said she received the welcome text from Yahoo after she received a spam text message related to services for debt-alleviation. Johnson claims the debt-alleviation text was received following her recent application for online loan services.  Calderin said she received the welcome text after receiving a previous text from a coworker.

Judge Shah said that under the Federal Communications Commission’s viewpoint, a person who provides a phone number to a company gives the entity express consent.  Judge Shah said that when Calderin consented to Yahoo’s terms of service, that included consent to receive text messages.

The certified nationwide class will include all individuals who had received a welcome message text from Yahoo between March 1 and March 31, 2013, who were customers of Sprint’s cell phone service, and who did not have a phone number associated with Yahoo in Yahoo’s records.

The Yahoo TCPA Class Action Lawsuit is Rachel Johnson v. Yahoo Inc., Case No. 1:14-cv-02028 in the U.S. District Court for the Northern District of Illinois.

TCPA Violations

The TCPA was passed in 1991 to protect consumers against annoying and unwanted solicitation and communication from telemarketers and other solicitors.  The FCC worked together with the FTC to further protect consumers by establishing the “National Do Not Call Registry” where individuals can register their phone numbers to prohibit telemarketers from calling that number.

Companies who violate the TCPA can face penalties of $500-$1,500 per violation.  Violations include, but are not limited to:

• Sending unwanted text messages regarding advertisements or solicitation
• Placing robocalls using an automatic dialing system or prerecorded voice message
• Calling numbers on the National Do Not Call Registry or on company-specific internal “Do Not Call” lists
• Not giving consumers the option to opt out of receiving phone calls or text messages
• Sending junk faxes to personal residences or other businesses without prior permission

TCPA Lawsuit Information

If you have received an unsolicited text message (text spam), have been contacted on your cell or home phone by an automated telephone dialing system, or received a prerecorded message (robocall), you may be eligible for legal compensation of the company engaged in a TCPA violation.  Our attorneys can review your case for free and can help determine if you are eligible to take legal action.

Join a Free TCPA Class Action Lawsuit Investigation

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.

Get a Free Case Evaluation Now