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Coca-Cola Text Spam Class Action Lawsuit
By Matt O’Donnell
Coca-Cola Co. has been hit with a class action lawsuit claiming it sent unsolicited text message spam to thousands of consumers without permission, violating the Telephone Consumer Protection Act (TCPA).
Lead plaintiff Wesley Phillips alleges in the class action lawsuit that he unwittingly signed up for the Coca-Cola text messages when he responded to a scoreboard announcement during a 2011 football game between the University of Alabama and Louisiana State University instructing fans to vote via text for the school they support.
Phillips immediately received an unsolicited text containing a Coke Zero ad that asked him to provide his birth date in order to enter a contest and join the “Coke Zero mobile list,” the Coca-Cola text spam class action lawsuit says.
Phillips never responded to the request, but says he received another unsolicited text message urging him to vote for his team again “to make sure they win.” When he did, he received an identical text message containing the Coke Zero ad and requesting he provide his date of birth, the class action lawsuit says.
Phillips says he received 5 unsolicited text messages from Coca-Cola during the football game before finally submitting his date of birth, according to the class action lawsuit. In response, Phillips received a text saying he had “joined the Coke Zero mobile list.”
Realizing he had inadvertently joined a commercial list, and was no longer simply voting for his favorite football team, Phillips cancelled and was sent yet another unsolicited text message informing him that his membership had been cancelled and directing him to a website operated by co-defendant Mozes to “learn more.”
Phillips is suing Coca-Cola and marketing firm Mozes Inc., which the beverage giant used to send advertisements for its Coke Zero products, for violating the Telephone Consumer Protection Act (TCPA). The TCPA prohibits companies from contacting people on their cell phone using an automatic dialing system or artificial or prerecorded voice without their prior express consent. Violating the TCPA carries a $500 fine per violation.
The Coca-Cola text spam class action lawsuit is brought on behalf of all persons or entities nationwide that, within the past four years, received a wireless text message promoting Coca-Cola’s goods or services. It is seeking the maximum penalty under the TCPA as well as injunctive relief banning Coca-Cola and Mozes from further TCPA violations.
The Coca-Cola Text Spam Class Action Lawsuit case is Phillips v. Mozes Inc. et al., Case No. 12-cv-4033, U.S. District Court for the Northern District of Alabama.
Phillips is represented by David L. Selby II of Bailey & Glasser LLP.
If you received an unsolicited text message or phone call to your cell phone from another company, you may have a legal claim. Visit the Text Message Spam, Cell Phone Call TCPA Class Action Lawsuit Investigation for more information.
Updated December 10th, 2012
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