Spam Text Messages Sent by Bitcoin ATM Vendor Allegedly Violated TCPA

A Bitcoin ATM vendor is accused of sending spam text messages in violation of the Telephone Consumer Protection Act, according to a new putative class action lawsuit.

Miami resident Philip D. is the named plaintiff in the lawsuit against Lux Vending LLC. Philip claims he entered his phone number into one of Lux’s Bitcoin Depot cryptocurrency ATMs to attempt to make a deposit. The customer has to provide a phone number and must create a personal identification number (PIN) in order to buy and sell bitcoin through the Bitcoin Depot ATM machines.

Bitcoin is a global digital currency, also known as cryptocurrency, that people can use to make online transactions.

Philip said he subsequently received telemarketing spam text messages to the cell phone number he entered at the ATM, even though he never gave explicit written consent to start receiving such messages.

“These calls were made without regard to whether or not defendant had first obtained express permission from the called party to make such calls,” says Philip’s spam text messages lawsuit. “In fact, defendant did not have prior express to call the cellphones of plaintiff and other members of the putative class when its calls were made.”

Spam Text and the TCPA

The spam text messages lawsuit seeks an injunction and statutory damages of $500 per offense. According to TCPA guidelines, those damages can be trebled if the offender knew and willingly violated TCPA laws. Philip says in his lawsuit that he does believe the violations were willful and with full knowledge of the law.

“Defendant knew that it did not have prior express consent to make these calls, and knew or should have known that it was using equipment that constituted an automatic telephone dialing system,” alleges his spam text messages lawsuit.

Among the actual harm he alleges he has received due to the unwanted text messages are invasion of privacy and intrusion of seclusion. He said the spam text messages interrupted his day, causing him aggravation and inconvenience that annoyed him.

Philip claims his attempt to do business with the Bitcoin Depot ATM was unsuccessful because he only had $70 in bitcoin when a $100 minimum is required to complete a deposit.

Spam Text Messages Lawsuit Seeks Class Certification

Philip seeks class certification of everyone in the U.S. who received Bitcoin Depot promotional text messages in the past four years without giving Lux written consent to do so. He is unsure how many people have been victims of the automated dialing system, but thinks it could be in the tens of thousands.

Philip believes the case should be a class action lawsuit because he and other cell phone users experienced similar calls and text messages from Lux without giving the company prior written consent.  They also share allegations that Lux used an autodialer.

Lux operates more than 125 Bitcoin Depot ATM machines in 15 states, according to the company’s website.

The Spam Text Messages Lawsuit is Case No. 1:18-cv-21367, in the U.S. District Court for the Southern District of Florida.

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.

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