Coca-Cola Class Action Alleges Unwanted Text Ads

A class action lawsuit alleges that The Coca-Cola Company unlawfully sent spam text messages to potential customers to advertise various promotions.

The Coca-Cola class action lawsuit was filed by Roxanne Gant who says she received multiple unwanted text messages from the company beginning in September 2018.

One of the texts reportedly read “Get game day ready with Coke and Walgreens. Unlock your chance to win.”

Gant claims that after she received three text messages from the company, she tried to opt out of further messages on Feb. 13, 2019. However, she says she continued to receive similar messages even after she tried to opt out of the messages.

In June 2019, Gant reportedly received another text from Coke that stated “Pause. Sip. Enjoy 2-for-1 Coke (R) Wed-Fri, 4-7pm at Walgreens.”

The Coca-Cola class action lawsuit claims that the text messages sent to Gant violated the Telephone Consumer Protection Act, a federal law that prohibits businesses from sending calls, text messages, or fax messages without the recipient’s consent.

The Coca-Cola spam texts class action lawsuit states that the messages sent to Gant violate the TCPA in particular because they were sent in the interest of advertising the beverage company’s goods and services, because they were sent using an automatic dialer, and because they were sent without Gant’s consent.

To support her claim that the messages were sent en masse, Gant says that the messages did not provide any identifiable characteristics. The Coca-Cola text message class action lawsuit says that the messages were sent via a short code, which enables companies to send messages to large groups of phone numbers.

Additionally, Gant says that the fact that she had to text “STOP” to have the messages stops indicates that the messages were sent using an automatic dialing system.

Gant notes that the TCPA prohibits businesses from sending people text messages without their consent. She says that she did not ever give the Coca-Cola company her consent to send the messages. Further, Gant claims that she explicitly withdrew her consent to receive the messages by opting out.

According to Gant, when the company continued to send her messages after she opted out, her consent was violated again.

The Coca-Cola text class action lawsuit says Gant was injured because her privacy was violated and because she was bothered by the messages. She also claims she was financially injured because the use of her phone was taken up by the messages. Allegedly, many other people were similarly injured by the messages. She seeks damages on behalf of herself and all other similarly affected people.

Gant also seeks to hold the Coca-Cola company liable for violating the TCPA, and seeks an injunction preventing Coca-Cola from continuing to allegedly send messages that violate the TCPA.

Did you get an unwanted text from Coca-Cola or another company? Tell us your experience in the comments below.

Gant is represented by Angelica M. Gentile of Shamis & Gentile PA.

The Coca-Cola Text Message Class Action Lawsuit is Roxanne Gant v. The Coca-Cola Company, Case No. 4:19-cv-03537, in the U.S. District Court for the Southern District of Texas, Houston Division.

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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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