IT Law Alert July 1, 2014
Spam Text Message Suit Filed Against Twitter:
Sending text messages to consumers without proper consent can lead to claimed violations of the federal Telephone Consumer Protection Act (TCPA). The latest company to face a class action-styled TCPA lawsuit is none other than Twitter. Last week, named plaintiff Beverly Nunes filed the case in federal court in California.
Nunes alleges that Twitter sent unwanted, unsolicited text messages to her and similar situated individuals’ cell phones. Nunes further claims that many of the text message recipients had never signed up for Twitter’s service. This could have been the result of “recycled” phone numbers, where the prior holder of the number may have consented to receive the messages from Twitter. Nunes alleges that the prior holder’s consent doesn’t transfer to the new holder of the phone number. It is also alleged that Twitter sent text messages to individuals who had specifically “opted out” of receiving messages. The plaintiffs are seeking $5 million in damages.
In developing your organization’s marketing strategy, compliance with the TCPA should not be overlooked. To review the Nunes complaint, click here.
Contact us at Ossian Law P.C. regarding social media law or any other information technology law question.