TCPA Litigation Claims Marriott Sent Unsolicited Texts

Recent TCPA litigation claims that Marriott hotels sends unsolicited telemarketing text messages to advertise their promotions.

Plaintiff Robert Johnson claims that he received multiple text messages from Marriott advertising their promotions. Some of these messages included advertisements for Miami Beach Pride tickets and included links to get tickets to the event.

In his Florida TCPA class action, Johnson estimates that Marriott may have sent at least 1,000 of these text messages within the last four years.

“In efforts to drum-up business, Defendants would often send marketing text messages providing different types of promotional offers without first obtaining express written consent to send such marketing text messages as required to do so under the TCPA,” Johnson claims in his TCPA litigation.

The Telephone Consumer Protection Act (TCPA) is a federal law that prohibits businesses from using harassing telemarketing techniques when contacting consumers. There are a variety of requirements under the law and the Federal Communication Commission (FCC) continuously updates the law in order to keep it strong and relevant amidst changing technology.

In 2003, the FCC and Federal Trade Commission (FTC) partnered together to create the National Do Not Call Registry. Consumers can enroll in this registry as a way to inform telemarketers that they do not want to be contacted. Businesses are required to comply with these requests. However, Marriott allegedly fails to follow these regulations and contacts consumers on the Do Not Call Registry.

“Defendants, or some person on its behalf, sent one or more marketing text messages to Plaintiff and others’ cellular telephone numbers when said numbers had been registered on the national do-not-call registry for more than 31 days,” Johnson claims in his TCPA litigation.

2012 changes to TCPA require telemarketers to include interactive opt out mechanisms during robocalls, a requirement that is extended to other communications such as faxes and text messages. In addition to sending unsolicited text messages, Marriott allegedly fails to provide an opt out mechanism in their communications.

“In sum, Defendants knowingly and willfully violated the TCPA, causing injuries to Plaintiff and members of the putative class, including invasion of their privacy, aggravation, annoyance, intrusion on seclusion, trespass, and conversion,” the TCPA class action claims.

In his TCPA class action, Johnson seeks to represent a Class of consumers who did not consent to receiving text messages from Marriott but received one or more text messages on their cellular phone containing advertisements for Marriott goods and services. Johnson also seeks to represent a Class of consumers who received these text messages despite their phone number being on the National Do Not Call Registry for over 31 days.

TCPA litigation is able to seek up to $500 in damages for negligent violations of the law and up to $1,500 in damages for willful violations. Johnson seeks up to $1,500 per violation if willful along with injunctive relief.

The Hotel TCPA Class Action Lawsuit is Johnson v. Marriott International, et al., Case No. 0:19-cv-61564-DPG, in the U.S. District Court for the Southern District of Florida.

Join a Free Florida Travel Company TCPA Class Action Lawsuit Investigation

If you live in Florida and received a robocall, pre-recorded message, or unwanted text message to your cell phone from a travel company without first giving your consent to the company, you may qualify to file a TCPA class action lawsuit.

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This article is not legal advice. It is presented 
for informational purposes only.