January 14, 2019

TCPA-text
TCPA Text Messaging

A nationwide class action lawsuit alleging violations of federal text messaging law has been filed in the United States District Court for the Southern District of Florida against a prominent Miami nightclub.  The lawsuit claims that Diskolab, LLC’s (“Diskolab”) text messaging campaign was conducted in violation of the Telephone Consumer Protection Act (“TCPA”).  This TCPA text messaging case was commenced on January 8, 2019 and remains in the pleading stages of the proceedings.

What were the practices that gave rise to the claims of TCPA text messaging violations?

The TCPA text messaging complaint alleges that Diskolab violated the TCPA by sending out text message advertisements without the consent of the recipients and that such text messages were sent en masse using an automatic telephone dialing system (“ATDS”).  The plaintiff deduced that the text messages that he received were sent by an ATDS due to the general and impersonal nature of the content of the text messages, which promoted the commercial availability of tickets to the Diskolab club.  Despite alleging receipt of only a small number of text messages, the plaintiff hopes to represent a nationwide class of individuals who received similar text messages from Diskolab at any point over the previous four years.

Maintaining Compliance with TCPA Text Messaging Rules

Long time readers of this blog are aware of the extensive posts we have published on the topic of the increased interest (from both class action attorneys and regulators alike) in popular text message marketing campaigns.  The recent TCPA text messaging lawsuit filed against Diskolab is further proof that businesses that endeavor to reach potential customers on their cell phones must ensure that telemarketing practices and procedures are compliant with applicable state and federal telemarketing laws.

If you are interested in learning more about this topic, need to review your text message marketing practices and procedures or if you are the subject of a TCPA text messaging lawsuit, please e-mail us at info@kleinmoynihan.com, or call us at (212) 246-0900.

The material contained herein is provided for information purposes only and is not legal advice, nor is it a substitute for obtaining legal advice from an attorney.  Each situation is unique, and you should not act or rely on any information contained herein without seeking the advice of an experienced attorney.

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