TopClassActions  |  August 15, 2013

Category: Legal News

Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.

 

Follow us on Twitter and Facebook for the latest Class Action Lawsuit Settlement News!

 

Alleged Text Spammers Score Win in TCPA Class Action Lawsuit

By Jessica Tyner

 
text spam lawsuitThe Telephone Consumer Protection Act (TCPA) is designed to protect consumers and residents from getting spam texts and calls, marketing outreach they never signed up for, and to deflect collection outreach that doubles as harassment. There are many TCPA class action lawsuits targeting big names like Google, Wells Fargo and Papa Johns. However, not all TCPA lawsuits are viable because things can get tricky — as technology is constantly evolving, the TCPA regulations have to scurry to keep up. 

On August 5, 2013, a Florida court dismissed one TCPA class action lawsuit against a marketing company due to a jurisdictional conflict. The target was General Electric Capital Corporation (GE), which was facing a California lawsuit. Other TCPA lawsuits dismissed were against Zoom Tan and Club Texting, both sued in Florida. Plaintiff Shaina Rutherford claimed she’s received unsolicited texts from the two latter companies, but the companies stood their ground.


According to the TCPA complaint, Club Texting is based out of New York and was working for Zoom Tan to promote numerous services. The promotion was done via “unauthorized transmission of advertisements” by way of texts to people around the country. Rutherford says she never signed up for any text messages, and she claims the companies should be sued in Florida because they “engaged in business” there by texting her. 

Rutherford alleges in the class action lawsuit that the spam texts were sent en masse, which led to revenue gain throughout Florida. However, Club Texting argued that it didn’t consciously target Florida, and it didn’t have any control over the timing of the texts or to whom they were sent to. 

While Rutherford says thousands of Floridians received unsolicited text messages from Club Texting on behalf of Zoom Tan, the court sided with Club Texting and agreed that Florida wasn’t intentionally targeted. This TCPA lawsuit was dismissed—but Zoom Tan is still facing a TCPA claim.

Some may be wondering just why certain TCPA lawsuits “take” while others are dismissed. According to Florida courts, it was the fact that text messages were sent to numbers “throughout the country” that led to the jurisdictional dismissal. Rutherford’s TCPA claim says that the company engaged in “substantial and non-isolated activity by soliciting and engaging in business in Florida,” which led to a marketing scheme throughout the state. 

Club Texting’s sworn affidavit states that it didn’t mean to target the state. While the court agreed, it’s important to note that the court hasn’t reached a decision about “failure to state a claim and primary jurisdiction arguments.” 

According to FCC regulations, a seller depending on a third-party telemarketer (in this case Club Texting) may still be vicariously liable for TCPA violations. Just because a call or text was made to benefit the seller (Zoom Tan) doesn’t necessarily mean there’s liability on the seller’s part—there has to be more to it than that. If a seller doesn’t personally make calls or send texts, they will “only” be vicariously liable for the breaking of TCPA rules.

Rutherford’s Next Steps

There’s no word on what Rutherford’s next steps will be, although she does have some options. Zoom Tan is still facing a class action lawsuit for violating the TCPA, and her efforts may be focused there. Some critics of the TCPA process may say it’s unfair that just because a company “didn’t mean to” target a state means that they don’t have to follow the law. It may seem like there are numerous TCPA lawsuits popping up around the country, but the fact remains that many people get a wayward text or phone call and don’t do anything about it—or even realize it’s illegal. 

The reason TCPA laws exist are largely because a person may be paying to receive telemarketing or harassing calls and texts. Not everyone has bottomless minutes or unlimited text messages. However, whether a person pays per text or minute (or not) doesn’t really matter. If “robocalling” is involved to get ahold of people en masse — whether by phone, text or fax — TCPA regulations may apply.

It’s also possible that another Club Texting victim might come forward. Rutherford is sure thousands of other people received unsolicited text messages just like her.

Do You Suspect a TCPA Violation?

Have you been contacted by an unauthorized company and think TCPA laws might have been broken? If so, you might qualify for a TCPA legal claim. You can discover more at the Text Message Spam, Cell Phone Call TCPA Class Action Lawsuit Settlement Investigation right now. Submit your story and an attorney will contact you if you have a case for a free TCPA claim review.

 

We tell you about cash you can claim EVERY WEEK! Sign up for our free newsletter.

 

All class action and lawsuit news updates are listed in the Lawsuit News section of Top Class Actions

LEGAL INFORMATION IS NOT LEGAL ADVICE
Top Class Actions Legal Statement
©2008 – 2013 Top Class Actions® LLC
Various Trademarks held by their respective owners

Leave a Reply

Your email address will not be published. By submitting your comment and contact information, you agree to receive marketing emails from Top Class Actions regarding this and/or similar lawsuits or settlements, and/or to be contacted by an attorney or law firm to discuss the details of your potential case at no charge to you if you qualify. Required fields are marked *

Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.