What We Learned from the Google Text Class Action Lawsuit Settlement
By Jessica Tyner
Back in 2011, a class action lawsuit was filed against Internet search giant Google and its subsidiary Slide that accused the companies of sending thousands of unsolicited text messages to consumers. Many people have already forgotten the case and the resulting class action settlement, but it serves as a reminder that consumers have rights under a federal law known as the Telephone Consumer Protection Act. The TCPA exists to protect consumers from unsolicited texts, faxes and cell phone calls.
According to the class action lawsuit, Google violated the TCPA by texting consumers without their permission via “Disco,” a group texting program owned by Slide. The unique issue with this case is that it wasn’t actually Google or Slide texting people — it was consumers who signed up for the service and then added their friends without their permission. The law stipulates that someone who uses Disco doesn’t need to get consent from every person to add them to the group — the person simply needs to opt out of receiving texts.
The Complaints Roll In
One plaintiff, Brett Lusskin, said he got over 100 texts in a single day because of the Disco program. His first text was from Disco announcing his “participation,” and the rest were from confused people just like him who had unknowingly been added to the program. Everyone has been at the receiving end of a “reply all” email thread that should have been kept private. It’s a similar situation, except people don’t pay per email received — many people do pay per text.
According to the Google Slide class action lawsuit, these were “wireless spam activities” and victims sued for damages, cost of attorneys’ fees, and for the requisite $1,500 per violation fine that breaking the TCPA comes with. TCPA rules prohibit the use of automated dialers, and that includes programs used to send group texts.
Lessons from the Google Slide Text Settlement
TCPA laws have been around for years, but as technology changes, so does the law. Google made headlines because it was such a big company, and this kind of automated dialing hadn’t been done before. After all, Google wasn’t selling a service or collecting a debt; the company was just in the middle of a program that in the end didn’t work. It did, however, help everyone realize just how serious TCPA laws are.
Intention is still a factor in many TCPA cases, and the vast majority of them do involve a sales pitch or debt collection efforts. From Redbox to Steve Madden, a number of big names have been linked to TCPA violations in 2013 alone. People who receive unwanted cell phone calls or texts have the right to sue companies over these violations, especially considering they may be paying to get harassed.
Have You Been Bothered by a Company on Your Cell Phone?
The rules of the TCPA are nuanced, but if you think you have a TCPA legal claim, it’s time to take action. Illegal activities include using an automated system to contact you, contacting you using a pre-recorded voice message, or continuing to contact you after you’ve asked the company to stop.
It’s time to find out more at the Text Message Spam, Cell Phone Call TCPA Class Action Lawsuit Settlement Investigation. Submit your information, and an attorney will contact you for a free TCPA claim review if you have a case.
Updated July 5th, 2013
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