Path Hit with New Text Spam Class Action Lawsuit

Path Hit with New Text Spam Class Action Lawsuit

By Courtney Coren

A California woman has filed a potential class action lawsuit against the social networking program Path for allegedly sending her unsolicited text messages in violation of the federal law. 

San Diego resident Karen Montes says that Path sent a message to her on her cell phone saying that a woman named Paris Tobin wanted to share pictures with her on the social networking site. Montes argues that the message from Path was in violation of the Telephone Consumer Protection Act (TCPA). 

According to the TCPA, companies are not allowed to use automated dialers to contact potential customers through a telephone call or text message on their cell phones without prior consent. She is asking that her Path text spam lawsuit be given class action status. 

This is the third time Path has been sued this year alone for similar violations. 

The first 2013 Path class action lawsuit was filed in federal court earlier this year in Illinois by Kevin Sterk, who also said that he received unsolicited text messages from Path. 

Path is trying to get Sterk’s lawsuit against the social media company dismissed. The company claims that it did not initiate the message that was sent to him — only that it had forwarded it along from one of Sterk’s friends. 

The text sent to Sterk from Path said that one of his friends had photos that he wanted to share with him. The company is arguing that the nature of the text proves that it was not an advertisement, rather than that “it was solely an information text.” 

However, Sterk asserts that the text came with a link to Path’s website, which included a message asking him to “submit personal information and register an account for Path’s services.”

Path also claims that it does not use an automated dialing system like those banned by the TCPA. The Sterk v. Path class action lawsuit is now in the U.S. District Court in the Northern District of California under Judge Samuel Der-Yeghiayan.

The second TCPA lawsuit filed against Path was filed over the summer, but has since been withdrawn. However, consumers may file it again if they decide it is appropriate to do so. 

Path is not the only major Internet company facing charges for violating the Telephone Consumer Protection Act. Yahoo!, Google, and Viacom are also facing TCPA lawsuits for allegedly sending text messages without prior consent. 

Google recently settled a text messaging spam lawsuit for $6 million after its subsidiary Slide Disco was charged with using an automatic dialing system similar to what Path is accused of using in this lawsuit. 

Montes filed her class action lawsuit in the U.S. District Court of Southern California in San Diego on September 16 with Judge William Q. Hayes presiding. It is case number 3:2013-cv-02218.

If you or someone you know receives unsolicited faxes, phone calls, or text messages, legal options are available. Learn more and get a free legal consultation regarding a claim’s eligibility at the Text Message Spam, Cell Phone Call TCPA Class Action Lawsuit Settlement Investigation. Experienced legal professionals are available to determine if you have case, so act now.

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