Uber Class Action Says Advertising Texts Sent Despite Opt-Out Requests

A class action lawsuit claims that Uber, a popular ride-hailing app-based company, sends unwanted texts even after consumers send opt-out requests.

Plaintiff Carla Vario of Florida says this April, Uber began sending text messages to her cellular phone, to which she replied “stop” multiple times in an attempt to get the messages to stop.

Nonetheless, the company allegedly continued to send unwanted text messages.

The Uber class action lawsuit claims that Vario attempted to opt out using a variety of text messages, including “stop,” “stop all,” and “sms off” to which the company acknowledged her request by sending a message that read “Uber is now disabled. To re-enable, reply START.”

Vario alleges that she never replied “START” but continued to receive more text messages, all of which sent her an Uber code.

The Uber text message class action lawsuit claims that Vario was among thousands of consumers who received such text messages from Uber, even after they tried to opt-out of receiving the messages. She seeks damages on behalf of herself and all similarly affected consumers.

The plaintiff claims that Uber’s practice of sending unwanted text message after consumers attempt to opt-out violates the Telephone Consumer Protection Act, which requires a company to receive a person’s prior express consent to send text messages.

Allegedly, the consumers in question never gave their express consent to receive text messages in the first place, and specifically withdrew consent to be sent messages when they replied “stop” to the messages in an attempt to opt-out of communications with the company.

According to the Uber spam texts class action lawsuit, Uber also violated the TCPA by sending the text messages by an automatic dialer, using “equipment that had the ability to produce telephone numbers to be called using a random or sequential number generator, and/or receive and store lists of phone numbers, and to dial such numbers, en masse, without human intervention.” 

The plaintiff says she and other consumers were concretely injured because the text messages they received from Uber were annoying and bothersome.

Additionally, she alleges that the messages reduced her enjoyment of her cell phone.

The Uber TCPA class action lawsuit says Vario also experienced financial injury, because she used data and wifi that she paid for, caused her to use her phone’s hardware, software, and battery life, and distracted her from other tasks.

Vario seeks a minimum of $500 for each violation of the TCPA, which is an amount that the act allows for each violation, in an effort to deter companies from violating the act.

She states that the TCPA requires companies to pay an individual $500 for each negligent violation of the act, and up to $1,500 for each willful and knowing violation of the act.

Vario is represented by Rebecca Davis, Richard T. Drury of Lozeau Drury LP and Steven Woodrow, Patrick Peluso, and Taylor Smith of Woodrow & Peluso LLC.

The Uber Spam Text Messages Class Action Lawsuit is Carla Vario v. Uber Technologies Inc., Case No. 3:18-cv-03829, in the U.S. District Court for the Northern District of California.

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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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