Redbox Class Action Alleges Unwanted ‘Promo’ Texts

A recent class action lawsuit claims that Redbox sends unsolicited spam text messages to promote their kiosk-based movie rental services.

Plaintiff Shawand Ebanks alleges that she and other consumers received unwanted text messages from Redbox in a “misguided effort to promote its video rental services.” Ebanks says she never consented to receiving these text messages.

In December 2018, Ebanks claims she received two text messages from Redbox that were sent from a “cryptically” identified short code number “727272.”

The first message reportedly offered a free night of video rental services using a code. The second message allegedly prompted Ebanks to give her consent for future text messages containing “Redbox deals & news alerts.” Ebanks claims that the text messages she received were sent in mass to countless customers through the use of a short code.

“In fact, in its second message […] defendant concede[s] that its messages are sent automatically rather than individually, describing them as ‘recurring autodialed marketing msgs,’” the Redbox class action states.

“At no time did plaintiff expressly consent in writing to receive autodialed text message advertisements sent by defendant to plaintiff’s cellular telephone number.”

Consumers like Ebanks allegedly sustained injury from these text messages because “unlike more conventional advertisements, [text] messages, and particularly wireless spam, invade privacy and can actually cost their recipients money.”

The Rebox class action states that if consumers pay for text message minutes on a monthly basis, spam text messages can eat up funds allocated towards actually using their text messages to communicate with friends, loved ones, and others.

According to Ebanks’ Redbox class action lawsuit, these autodialed text messages violate the Telephone Consumer Protection Act (TCPA).

The TCPA is a federal law that was passed by Congress in 1991 to provide protection against harassing telemarketing behaviors. Under the TCPA, a variety of behaviors are prohibited, including: using an automated dialing system; using a pre-recorded voice; sending junk faxes; sending unsolicited text messages, and more.

The federal law allows consumers to take legal action against offending companies and recover statutory damages. For every violation of the TCPA, consumers can collect up to $1,500 in damages.

The Redbox class action claims that Ebanks and other consumers are entitled to statutory damages because Redbox used an automated dialing system to send spam text messages without their consent.

Ebanks seeks to represent a Class of consumers who, within the last four years, received one or more spam text messages from Redbox that promoted the company’s goods or services despite never having given consent to these communications. She estimates that thousands of customers could be included in this Class.

The Redbox TCPA class action lawsuit seeks statutory damages, an injunction required Redbox to “cease all wireless spam activities,” court costs, and attorneys’ fees.

Ebanks and the proposed Class are represented by Eugene Turin of McGuire Law PC.

The Redbox Unwanted Text Messages Class Action Lawsuit is Ebanks v. Redbox Automated Retail LLC, Case No. 19-­CH­-06908, in the Circuit Court of Cook County, Illinois.

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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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