Santa Clara, CA: Facebook Inc, is facing a spam text messaging class action lawsuit alleging its birthday alerts sent to users' phones violate the Telephone Consumer protection Act (TCPA).
Filed in California by named plaintiff Colin R. Brickman, the lawsuit asserts that because Facebook sends the texts to users who have clearly indicated in their Facebook notification settings that they did not, and do not, give their consent to receive text messages, Facebook is violating the TCPA.
The TCPA prohibits calls made by automatic dialing systems, or "robocalls,"which the courts have extended to auto-sent text messages as well, according to the complaint.
"Plaintiff' account settings sent and continue to send a clear and affirmative message to Facebook that he did not and does not want to receive any texts from Facebook,"the lawsuit states. " Despite plaintiff' express lack of consent, Facebook sent birthday announcement texts to plaintiff' phone in violation of the Telephone Consumer Protection Act ... which protects the privacy rights of individuals to be free from receiving unwanted text message spam on their cellular phones."
According to the complaint the illegal text message scheme is part of Facebook's efforts to drive more interaction by users on its site, therefore generating more ad revenue for the company, which makes the messages telemarketing messages. According to the TCPA, recipients must provide express written consent for the receipt of the auto-sent telemarketing messages.
Brickman seeks to represent a class of at least 100 other Facebook users who have received unsolicited birthday notification texts. He alleges Facebook has sent thousands of such texts, and is seeking $500 in statutory damages for each violation of the TCPA.
Brickman is represented by Patrick J. Perotti and Frank A. Bartela of Dworken & Berstein Co. LPA, and Kristen Law Sagafi, Martin D. Quinones and Hassan A. Zavareei of Tycko & Zacareei LLP.
The case is Colin R. Brickman v. Facebook Inc., case number 3:16-cv-00751 in the U.S. District Court for the Northern District of California.
