Yahoo’s Bid to Dismiss TCPA Lawsuit Denied by Calif. Judge

On July 3, a California federal judge refused Yahoo Inc.’s motion of dismissal regarding a proposed TCPA class action lawsuit alleging that Yahoo sent text message spam to cell phone users without their consent.

The text spam class action lawsuit was filed by California resident Rafael Sherman in a California federal court in January 2013. He alleges that he received a text message from Yahoo, notifying him that someone was attempting to reach him via Yahoo’s online instant messaging service. Sherman claims that he never disclosed his cell phone number to Yahoo and never gave permission to be contacted by the company via text.

In the TCPA lawsuit, Sherman claims Yahoo violated TCPA laws by “illegally contact[ing] Plaintiff and the Class members via their cellular telephones by using unsolicited SPAM text messages.”

Yahoo argues that confirmation messages like the one Sherman received were not meant to be outlawed by TCPA law and that the technology used to send out such text messages does not fall under the definition of an automatic telephone dialing system.

On Feb. 3, Judge Gonzalo P. Curiel denied Yahoo’s motion for summary judgment. In the order denying the motion, Judge Curiel states that the court upholds: “(1) a single, confirmatory text message may be actionable under the TCPA; (2) issues of fact precluded summary judgment on the issue of whether Yahoo!’s PC to SMS Service constitutes an Automatic Telephone Dialer System (‘ATDS’) within the meaning of the TCPA; and (3) that ‘Good Samaritan Immunity’ did not render Yahoo immune from liability in this case.”

Despite this denial, a month later Yahoo appealed to have the TCPA class action lawsuit dismissed all together. In their motion to dismiss the text spam class action lawsuit, Yahoo claims that the court misapplied Federal Communications Commissions (FCC) rules to their case, specifically, where it concerns predictive dialing systems.

Yahoo’s legal counsel argues that the court should have relied exclusively on the TCPA’s definition of automated (or robocall) telephone dialing system instead of applying the expanded FCC definition of the devices.

In response to this claim, Judge Curiel states, “the court did not rest its conclusion regarding the parties’ automatic telephone dialer system showing on a finding that defendant’s equipment was or was not a predictive dialer[.]”

For now, Yahoo will continue to face this text spam class action lawsuit.

What is The Telephone Consumer Protection Act (TCPA)?

The TCPA was passed by Congress in 1991 to restrict telephone soliciting and marketing, with special laws concerning the use of automated and robocall dialing equipment. These laws do not only apply to over-the-phone messages, but also includes text messages received by consumers without their consent.

According to the Federal Communications Commission’s website, “The TCPA and the FCC’s rules ban many text messages sent to a mobile phone using an autodialer. These texts are banned unless (1) you previously gave consent to receive the message or (2) the message is sent for emergency purposes. This ban applies even if you have not placed your mobile phone number on the national Do-Not-Call list of numbers telemarketers must not call.”

Many individuals allege that certain businesses, banks, and even sports teams have violated TCPA and FCC rules regarding text-spam messages. As a result, many are joining TCPA class action lawsuits to seek justice and punitive damages for the violations

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. 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.