Parler class action claims company sends unsolicited text messages

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Parler class action lawsuit overview:

• Who: Plaintiff Catherine Migliano filed a class action lawsuit against Parler Inc.
• Why: The social media company allegedly sends unsolicited text messages to consumers without their consent.
• Where: The Parler class action lawsuit was filed in Florida federal court.

Parler Inc. violates state and federal law by sending unsolicited text messages to consumers who have not consented to receiving them, according to a class action lawsuit filed last week in Florida federal court.

Plaintiff Catherine Migliano alleges she began receiving Parler text messages on her cell phone starting in December 2021 despite the fact that her number was listed on the National Do Not Call Registry and that she never provided consent for such communications. She says the purpose of the Parler text messages was to solicit the sale of consumer goods and/or services.

Parler text messages violate Telephone Consumer Protection Act and Florida law, class action says

The federal Telephone Consumer Protection Act (TCPA) and the Florida Telephone Solicitation Act regulate telemarketing calls and text messages. These laws are intended to protect consumers from receiving unsolicited communications.

The Parler class action alleges the text messages allegedly violated the laws by failing to identify the name of the caller, the name of the entity on whose behalf the calls were being made and a telephone number or address at which the caller could be contacted. 

Parler also allegedly contacted consumers whose numbers were listed on the National Do Not Call Registry and did not provide instructions on how to opt out of the communications.

Migliano alleges Parler used a type of messaging platform that enabled it to “transmit blasts of text messages automatically and without any human involvement.” She says that Parler was able to conduct its business operations without sending these text messages and that the company could have first obtained consent from consumers before sending the texts.

The Parler class action lawsuit seeks statutory damages of at least $500 per each text message sent in violation of the TCPA and injunctive relief prohibiting the company from sending future unsolicited text messages.

In related news, in 2021, a group of Parler app users filed a class action lawsuit against Amazon Web Services after it suspended the social media app from its platform. The case was remanded to a lower court later that year. 

Have you received unsolicited Parler text messages? Tell us about your experience in the comments!

Migliano is represented by Rachel Dapeer of Dapeer Law PA and Manuel S. Hiraldo of Hiraldo PA.

The Parler class action lawsuit is Catherine Migliano v. Parler Inc., Case No. 1:22-cv-23070, in the U.S. District Court for the Southern District of Florida.

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