Twitter Hit with $5M Text Spam Class Action Lawsuit

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A $5 million class action lawsuit was filed against Twitter last week accusing the social media giant of sending unsolicited text messages in violation of the Telephone Consumer Protection Act.

Congress passed the Telephone Consumer Protection Act (TCPA) to protect consumers from uninvited marketing. But the temptation of reaching hundreds, thousands, or millions of consumers at a time leads many companies ignore the TCPA.

Plaintiff Beverly Nunes alleges in the Twitter class action lawsuit that the social network is sending unsolicited texts to recycled phone numbers in an attempt to generate ad revenue. Individuals who have never used Twitter or have never consented to get texts from the company are receiving SMS messages because “their number was previously used by someone who may have consented,” according to the text message spam lawsuit. Nunes hopes the Class Members will include hundreds, if not more, of consumers around the country who suffered the same alleged abuse.

In Nunes’ case, she said she expressly requested not to be contacted with unsolicited messages. Violation of the TCPA can carry a $500 fine per violation. If a cell phone subscriber can prove the TCPA violation was intentional, they can file a TCPA lawsuit for up to $1,500 every time a company unlawfully contacted them. This is meant to cover costs and damages, as these calls violate privacy, cause aggravation, and cell phone companies often charge consumers for messages received.

Companies say that plaintiffs are using the TCPA as a means of getting money. Twitter and Path Inc. said in a joint amicus brief last November that more than 1,200 TCPA lawsuits were filed last year that “go well beyond the abusive telemarketers originally targeted by the law.” Nunes’ putative class action seeks $500 in damages for each violation and an award of statutory damages, injunctive relief, costs and reasonable attorneys’ fees.

The Twitter Text Message Class Action Lawsuit is Beverly Nunes, et al., v. Twitter Inc., Case No. 3:14-cv-02843, in the U.S. District Court for the Northern District of California.

Join a Free TCPA Class Action Lawsuit Investigation

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. Learn more and see if you qualify for a legal claim at the Text Message Spam, Unwanted Cell Phone Calls TCPA Class Action Lawsuit Settlement Investigation.