Taking a Look Back at Some Past TCPA-Related Lawsuits

Taking a Look Back at Some Past TCPA-Related LawsuitsI just wanted to point out some past TCPA related lawsuits for Robocalls, Unsolicited Text Messages and even Fax Messages.   As we’re all aware by now the TCPA specifically states that a brand or company needs to gain ‘Express Written Consent” from an individual before sending them any sort of marketing communication.

In one of the cases, the debt collection agency Select Resources Group was sending debt collection-related communications. These were apparently robocalls. However in this particular case the plaintiff’s cellular phone provider was billing the plaintiff for these ‘robocall-style communications’.

Coca-Cola was using text messages when they were hit with a class action law suit. The suit mentions that even though some plaintiffs replied STOP to the text messages they continued to receive unwanted texts. Here is the specific language from the law suit:   “The SMS messages included material to promote the sale of Coke products, such as an advertisement for Coke Zero, which plaintiff Robbins received. Robbins replied using the word “STOP”, but continued receiving text messages.”

That is a BIG no-no! Once a STOP message is sent to any short code then the owner of the code must a) immediately remove that cell number from receiving any further texts and b) are allowed to send one final message in response to the STOP request informing the end user that they have in fact been removed from future messaging.

I’m not quite sure who else uses fax messaging anymore but apparently Burger King does and they got into some hot water for doing so; I guess they cannot ‘have it their way’ after all…

Be they texts, faxes or automated phone calls there are but a few simple things to remember about messaging to your audience:

  1. Make sure you have their written consent to do so.
  2. If they ask you to stop messaging them then make it a high priority to honor that request.
  3. Be aware that your marketing messages can potentially result in charges to your end users.