Uber Hit With Text Message Class Action Lawsuit

A Georgia plaintiff recently filed an Uber lawsuit against the ride-sharing company Uber Technologies for allegedly violating the Telephone Consumer Protection Act (TCPA) multiple times.

According to the plaintiff, Uber began sending text messages to her cell phone in June. The texts were sent using an automatic telephone dialing system (ATDS). The texts read as follows: “Rex, upload your drivers license to start your background check t.uber.com/atldocs.”

The plaintiff filed this Uber TCPA lawsuit because Uber allegedly violated the TCPA by texting the plaintiff without prior express consent, with messages that were not for emergency purposes.

For each text sent in negligent violation of the TCPA, the plaintiff may receive $500 in statutory damages. For those texts made in knowing or willful violation of the TCPA, the plaintiff may receive up to $1500 per violation.

The Telephone Consumer Protection Act

The Telephone Consumer Protection Act of 1991 (TCPA) was intended to protect consumers from unwanted solicitation by outside parties, including retail and other businesses. This includes the placement of robocalls – those calls placed using an automated dialing machine and/or a pre-recorded message, including SMS text messages, to reach consumers. Nevertheless, according to consumers, many companies perform these kinds of calls anyway.

The TCPA generally prohibits the following actions by a company:

• Calls placed to residences before 8 am or after 9 pm, local time
• Calling consumers who specifically asked the company not to call them (i.e. consumers on the company’s do-not-call list)
• Calling consumers on the National Do Not Call Registry
• Failing to identify the person or entity on whose behalf the call is being made
• Using an artificial voice or a recorded message
• Using an automated dialing machine to place the call
• Sending unsolicited advertising faxes

These restrictions do not apply if a consumer has provided prior express consent to be contacted, which negates do-not-call status and considers texts or calls solicited. Before 2013, prior express consent included oral or implied approval to receive calls, such as providing your phone number to a company.

The Federal Communications Commission decided on Oct. 16, 2013 that “prior express consent” had to involve a signed, written agreement that specifically agreed to receive these kinds of calls.

TCPA Class Action Lawsuits

Uber is not alone in allegedly violating the TCPA. Consumers have brought class action lawsuits against companies such as Wal-Mart, Rite Aid, American Eagle, Wells Fargo, Chase Bank, and Kohl’s for allegedly violating the TCPA.

If you have received unsolicited calls or texts from Uber or another company, and you believe them to be in violation of the TCPA, you may be eligible to join a TCPA class action lawsuit.

In order to be involved in a class action lawsuit against a company for TCPA violations, you will need to keep a good record of your experience with these messages and calls. Do not delete messages or phone records, and keep written record of violations.

The Uber TCPA Lawsuit is Williams Gordon v. Uber Technologies, Inc., et al., Case No. 1:15-cv-03008-WSD, in the U.S. District Court for the Northern District of Georgia.

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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