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A class action lawsuit claims that Facebook violates federal law by sending unsolicited text messages to individuals on the National Do Not Call Registry.
Plaintiff Colin Suttles allegedly received unwanted texts beginning in November 2014.
Some of these text messages encouraged Suttles to visit Facebook while others reportedly contained confirmation codes for unknown third parties.
The Facebook class action says Suttles has a Facebook account but never provided his phone number to the social media website.
Additionally, the Facebook text message class action claims Suttles registered his number on the National Do Not Call Registry in January 2006, meaning that he should not be receiving unsolicited communications.
According to the Facebook TCPA class action lawsuit, Facebook has sent the plaintiff text messages at least 25 times in the last four years including at least three within the last year. These text messages persist despite Suttles specifically telling Facebook to stop contacting him.
“[Facebook’s] unsolicited text messages caused Suttles extreme aggravation and unjustifiably demanded his attention,” states the Facebook texts class action lawsuit. “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.”
The Telephone Consumer Protection Act (TCPA) is a federal law which protects consumers from unsolicited calls, texts, and other communications.
The TCPA was enacted in 1991 by Congress and initially only covered violations related to landline calls. However, with the advances of technology, the TCPA has been expanded to include calls to mobile phones, text messages, and faxes.
Previous regulations allowed businesses to call consumers if a previous business relationship was in place, but these allowances have since been reversed. Now, businesses cannot call consumers unless those consumers have provided express prior consent.
A variety of behaviors are prohibited by the TCPA including: using prerecorded message; using an automated dialing machine; sending unsolicited text messages; sending “junk faxes” (i.e. unsolicited advertisements); failing to provide an opt out option in calls or texts; and calling numbers on the Do Not Call Registry.
The Do Not Call Registry is a list of phone numbers that consumers have requested to not be called with telephone solicitations.
Special rules apply to the Do Not Call Registry with TCPA mandating that “[n]o person or entity shall initiate any telephone solicitation” to a “residential telephone subscriber who has registered his or her telephone number on the national do-not-call registry of persons who do not wish to receive telephone solicitations that is maintained by the federal government.”
The TCPA allows consumers to recover between $500 and $1,500 per violation. The amount of compensation which can be recovered depends on whether or not the violation was negligent or willful.
In his TCPA class action lawsuit, Suttles did not specify the Class he seeks to represent. The Facebook class action lawsuit seeks injunctive relief, actual and statutory damages of $500 per violation of TCPA, court costs, and attorneys’ fees.
Plaintiff and the proposed Class are represented by W. Craft Hughes and Jarrett L. Ellzey of Hughes Ellzey LLP.
The Facebook Unwanted Text Messages 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.
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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26 thoughts onFacebook Class Action Says Social Media Giant Sends Unwanted Texts
Please add me I received up to twenty calls and texted a day.
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I get unwanted text msgs. almost weekly along with emails. Please add me.
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yes please add me!!!