TCPA Lawsuit Alleges Rite Aid Sent Unsolicited Text Messages

Plaintiff Clinton Rooney has filed a proposed class action lawsuit against Rite Aid Corp. for allegedly violating the Telephone Consumer Protection Act (TCPA) by repeatedly sending spam text messages about a prescription alert service.

The TCPA lawsuit alleges that Rite Aid started sending spam text messages to Rooney’s cellphone in February 2013. Even after Ronney asked that the messages stop, Rite Aid continued to send the messages.

The text messaging lawsuit states that Rooney received four text messages from Rite Aid. He continued to received text messages despite texting the word “stop” back to the number.

The text spam lawsuit alleges that Rite Aid violated the TCPA by using an automatic telephone dialing system or ATDS.

The TCPA was designed to prevent calls like the ones described in unwanted text message lawsuit, and to protect the privacy of individuals like Rooney. The intent of TCPA is to give consumers a choice as to how creditors and telemarketers may call them.

The TCPA class action lawsuit defined the class as consisting of all persons within the United States who received a text message substantially similar or identical to the text messages described in this complaint from Rite Aid.

Rooney claims that members of the class were “harmed by the acts of defendant,” causing plaintiff and Class Members to incur certain cellular telephone charges or reduce cellular telephone time for which Rooney and the Class Members previously paid, and invading the privacy of the Class Members.

Rooney is asking for $500 per negligent violation and $1,500 per knowing or willful violation of the TCPA for each member of the putative class.

The TCPA Class Action Lawsuit is Clinton Rooney v. Rite Aid Corp., Case No. 3:14-cv-01249, in the U.S. District Court for the Southern District of California.

File a TCPA Text Messaging Class Action Lawsuit Claim

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. Learn more and see if you qualify for a legal claim at the Text Message Spam, Unwanted Cell Phone Calls TCPA Class Action Lawsuit Settlement Investigation.