Facebook Sent Spam Text Messages, TCPA Class Action Alleges

Facebook faces a new class action lawsuit from a Texas man alleging that the social media giant violated TCPA by sending spam text messages.

Plaintiff Colin Suttles allegedly received a variety of spam text messages from Facebook Inc., encouraging him to go to the social media site or providing verification codes to unknown third parties.

Although he has a Facebook account, Suttles allegedly never gave his number to the social media website and claims to have never consented to receive spam text messages.

Despite Suttles’ number being on the Do Not Call registry and him repeatedly asking for the texts to stop, Facebook allegedly sent at least 25 text messages over the span of four years including three in the past 12 months.

“[Facebook’s] unsolicited text messages caused Suttles extreme aggravation and unjustifiably demanded his attention,” Suttles said in the complaint. “Suttles’ overriding interest is ensuring [Facebook] cease all illegal telemarketing practices and compensate him for invading his privacy in the manner the TCPA was contemplated to prevent.”

Suttles has filed his class action under the Telephone Consumer Protection Act (TCPA), a federal law which protects consumers from harassing telemarketing calls, texts, and faxes. The law was passed in 1991 by Congress and has since grown to protect consumers from a variety of harassments and annoyances. TCPA restricts a variety of harassing behaviors including the following:

• Using an automatic dialing system;
• Using a pre-recorded voice;
• Calling numbers on the Do Not Call Registry;
• Sending spam text messages;
• Failing to provide an opt-out option in calls and texts;
• Sending junk faxes;
• And more.

Previous regulations were allowed under TCPA which let businesses send telemarketing communications to consumers they had a prior business relationship with. However, the rules of TCPA have since become stricter. Now, businesses can only call or send text messages to consumers if those consumers have given prior express consent.

The Facebook TCPA class action seeks injunctive relief, statutory damages of $500 per violation, other damages, court costs, and attorneys’ fees.

Facebook has faced other TCPA lawsuits regarding spam text messages. In February 2017, a federal judge in California tossed out a TCPA class action against Facebook arguing that the plaintiff hadn’t shown that the spam text messages were sent using an autodialing machine. The plaintiff appealed the decision in May and a conclusion has not been reached.

Another California suit was filed in February 2016 from a consumer alleging that the social media giant sent spam text messages to his phone to remind him of friends’ birthdays. Facebook attempted to dismiss the case by arguing that the texts were not placed using autodialing software, but the judge rejected the motion. In April 2017, the judge ruled that Facebook could appeal his rejection but the case is still ongoing.

The Facebook TCPA Class Action Lawsuit is Suttles v. Facebook Inc., Case No. 1:18-cv-01004, in the U.S. District Court for the Western District of Texas.

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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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