Companies face TCPA class action lawsuits over spam texts, faxes

TCPA class action lawsuits overview: 

• Who: Consumers filed class action lawsuits against Carvana and Bath Fitter earlier this month.
• Why: The class action lawsuits claim the companies violated the Telephone Consumer Protection Act with unsolicited telemarketing text messages and/or phone calls. 
• Where: The class action lawsuits were filed in California and Pennsylvania federal courts. 

Consumers recently filed a pair of class action lawsuits over alleged violations of the Telephone Consumer Protection Act (TCPA) by companies sending unsolicited telemarketing text messages and/or phone calls. 

Congress enacted the TCPA in 1991 to address telemarketing phone calls. The law places restrictions on telemarketing calls and using prerecorded and artificial voice messages or automated dialing systems when placing them. 

In addition to the new complaints, the Tampa Bay Buccaneers brought a request for class decertification in a years-old class action lawsuit against the National Football League (NFL) franchise over alleged TCPA violations, while, in another case, &Pizza agreed to a class action settlement. 

Carvana sent repetitive telemarketing text messages, class action says 

A consumer filed a class action lawsuit against Carvana earlier this month, arguing the online used car retailer violated the TCPA by allegedly repeatedly sending telemarketing text messages to people with numbers listed on the National Do Not Call Registry. 

The consumer claims Carvana also repeatedly places telemarketing text messages to people who already asked to be taken off of the marketing list. 

“Defendant continuously and willingly ignored plaintiff’s requests for defendant to stop sending him text messages,” the Carvana class action states. 

Bath Fitter violated TCPA with unsolicited telemarketing calls, class action claims

A consumer filed a class action lawsuit against Bath Fitter earlier this month, arguing the bath product company repeatedly placed unsolicited telemarketing phone calls to individuals with numbers listed on the National Do Not Call Registry in an alleged violation of the TCPA. 

The consumer claims Bath Fitter continued sending unlawful telemarketing phone calls even after a separate class action lawsuit last year. The plaintiff claims he received at least four unlawful solicitations in the months after the case was settled. 

“Defendant’s conduct violated the privacy rights of plaintiff and the putative class members, as they were subjected to annoying and harassing phone calls,” the Bath Fitter class action lawsuit states. 

Tampa Bay Buccaneers ask judge to decertify class of individuals in settlement 

Last month, the NFL’s Tampa Bay Buccaneers requested a federal judge in Florida decertify a class of individuals involved in a $19.75 million settlement made to end claims the team sent out more than 300,000 unsolicited faxes that allegedly violated the TCPA.

The Buccaneers, which were first hit with the initial claims in June 2013, claim it is impossible to determine which fax number holders received their faxes via email, which the NFL team argues does not violate the TCPA. 

The Buccaneers also argue no identifying information exists for 38% of the telephone numbers on the potential class list and there would be no way to now contact them or confirm they used an online service for faxes in 2009 and 2010. 

The original lawsuit claims the Buccaneers sent unwanted faxes advertising discounted game tickets from July 2009 to June 2010, with a pair of companies arguing the team failed to include an appropriate opt-out option in the messages in an alleged violation of the TCPA. 

&Pizza to pay $750,000 to end claims it sent marketing texts to opted-out consumers 

Ima Pizza LLC agreed to pay $750,000 earlier this month to end claims the company, which does business as &Pizza, violated the TCPA by allegedly sending marketing text messages to consumers who already opted out of receiving them. 

The settlement will benefit a class of consumers who received a marketing text message from &Pizza, which has locations in Washington, D.C., Maryland, Virginia, Pennsylvania, New Jersey and New York, after they requested to no longer receive them. 

Individuals who want to make a claim to join the class action settlement must submit a valid claim form by March 18, 2024.

Have you ever received an unsolicited marketing text message or phone call? Let us know in the comments.

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