Topgolf Class Action Lawsuit Says Advertising Texts Violate TCPA

Sports entertainment company Topgolf is engaging in unsolicited marketing behavior in violation of federal law, according to a class action lawsuit.

Emily Banks, the lead plaintiff, filed the Topgolf class action lawsuit as she claims that the company’s advertising texts violate the Telephone Consumer Protection Act.

The Topgolf class action lawsuit says that on March 8, April 6, and April 24, 2018, the defendant sent telemarketing text messages to the cellular number owned by the plaintiff.

Bank argues that she is on the national Do Not Call Registry and did not want to receive the marketing messages from the defendant.

The Topgolf class action lawsuit alleges that the generic and impersonal nature of the text messages received at the plaintiff’s number indicates that the company was using an automatic telephone dialing system, which is forbidden under the terms of the TCPA.

The plaintiff claims in the Topgolf class action lawsuit that the company engaged in behavior that not only violated the TCPA, but led to harassment, aggravation, daily life disruption, and invasion of privacy.

The Topgolf class action lawsuit seeks recovery on behalf of the lead plaintiff and putative Class Members in the form of statutory damages.

The Topgolf TCPA class action lawsuit seeks to represent two Classes: a no-consent Class of consumers who were sent text messages using an auto-dialing system for the four years before the filing of the lawsuit; and a Do Not Call Registry Class of people who received text messages from the defendants more than once in any 12-month period in which the Class Members phone number was on the Do Not Call Registry for at least 30 days and in which the text messages included promotional material.

If the plaintiff is able to show that the company did indeed use an automatic telephone dialing system and engaged in behavior that violates the TCPA, recovery could be available in settlement or in a trial.

Consumers who place their numbers on the national Do Not Call Registry list do so because they do not wish to be contacted with unsolicited offers. Those who continue to be contacted by a company after adding their number to the list and asking the company to stop may be eligible to pursue legal action.

The TCPA and laws like it were brought about largely in response to the growing number of consumers bringing forth complaints that they were being contacted or harassed over text messages, robocalls, and other forms of communication that were disruptive and invaded privacy.

The plaintiff is represented by Andrew J. Shamis of Shamis & Gentile PA and Scott Edelsberg of Edelsberg Law PA.

The Topgolf Unwanted Text Message Class Action Lawsuit is Emily Banks v. Topgolf International Inc., Case No. 0:18-cv-61958-WPD, in the U.S. District Court for the Southern District of Florida.

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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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