Life Insurance Co. Forced to Turn Over Documents in Text Spam Lawsuit

Plaintiffs in a class action lawsuit accusing Stonebridge Life Insurance Co. of sending millions of text messages falsely promising free Wal-Mart gift cards have won a major victory in the case.

Stonebridge didn’t want to hand over key documents that outlined their “text message campaigns,” but a federal judge in California has demanded the release of documents. Along with co-defendant Trifecta Marketing Group, Stonebridge has been caught up in a TCPA class action lawsuit because they allegedly spam-texted 60,000 customer. However, those bothersome texts aren’t the worst of the allegations.

These TCPA victims claim that the messages promised free Wal-Mart gift cards, but never delivered. According to Judge Jacqueline Scott Corley, these internal documents might be key evidence and fall under the “rule of discovery.” Stonebridge tried to get out of this pickle by saying the company hadn’t worked with Trifecta before the campaign but, in the end, discovery won out — thanks to a former employee.

In April 2013, a former employee of Trifecta stated that the two companies had a very in-depth relationship that involved many campaigns. This was paramount because it meant that Stonebridge might be vicariously liable for those spam texts technically sent by Trifecta. In order for this to happen, Stonebridge had to control the campaign, and these documents might just prove it.

The defendants say that even if previous text campaigns involved the same people, that doesn’t necessarily mean Stonebridge was leading the way. There were plenty of objections, but Judge Corley stuck by her decision that since it is potentially evidence, it’s in turn discoverable.

The TCPA Class Action Lawsuit So Far

Even though Stonebridge claims they would release 10 phone calls from TCPA victims following the spam texts, Judge Corley also allowed access to any and all related inbound calls. In total, there were over 5,000 voicemails received by Trifecta. With so many TCPA targets, there are a number of stories popping up. One plaintiff, Jessica Lee, initially filed a 2011 TCPA class action lawsuit claiming that “millions of similar spam messages” were sent to other people.

By promising false giveaways, Stonebridge was supposedly trying to drum up an influx of leads. Although Lee was at the helm of this massive TCPA lawsuit, she’s only looking for others who received Stonebridge-based texts spanning four days in 2010. The Telephone Consumer Protection Act prohibits anyone from using “single software-based application programming interface,” which Trifecta allegedly used in conjunction with falsely advertising a free $100 Wal-Mart card.

The Wal-Mart Gift Card Text Spam Class Action Lawsuit is Lee v. Stonebridge Life Insurance Co. et al., Case No. 3:11-cv-00043, in the U.S. District Court for the Northern District of California.

Did a Company Violate a TCPA Rule with You?

There are numerous TCPA class action lawsuits around the country. If you received texts or phone calls that you believe violate TCPA rules, you may have a TCPA legal claim. Becoming part of a class action lawsuit can lead to a faster resolution.

Visit the Text Message Spam, Cell Phone Call TCPA Class Action Lawsuit Settlement Investigation and find out more. After submitting your TCPA story, an attorney will contact you if you qualify for a free TCPA claim review.

UPDATE: Stonebridge Life Insurance Co. and Trifecta Marketing Group have agreed to settle the text message spam class action lawsuit. Claim filing instructions are available here.