Social Network Facing Class Action Lawsuit

The mobile social network company Path is facing a class-action lawsuit for sending unsolicited text ads to people’s cell phones. Kevin Stark, an Illinois resident, filed a suit under the Telephone Consumer Protection Act, after Path sent him an SMS message stating someone else wanted to show him photos on the service, with a link to a site where he could register to join.Mr. Sterk says he never authorized Path to contact him via SMS, and that the company has sent similar text messages to thousands of other cell phone users. “By making these unauthorized text message calls, [Path] has caused consumers actual harm, not only because consumers were subjected to the aggravation that necessarily accompanies the receipt of unauthorized text message calls, but also because consumers frequently have to pay their cell phone service providers for the receipt of such unauthorized text message calls,” Sterk explains in his lawsuit, which was filed in late March, 2013, in the U.S. District Court for the Northern District of Illinois.Sterk argues that Path violated his rights under the TCPA (which prohibits companies from using automated dialing services to send SMS messages without the recipients’ consent), and he’s seeking class-action status, monetary damages and an order prohibiting Path from sending unsolicited text messages. Path, which declined to comment on the lawsuit, made an agreement with the Federal Trade Commission earlier in 2013, which created a comprehensive privacy policy to settle charges that it decieved users by secretly uploading their address books.The TCPA restricts telephone solicitations, the use of automated telephone equipment, and unsolicited advertisements. Specifically, the TCPA limits the use of automatic dialing systems, prerecorded voice messages, unsolicited text messages, and junk faxes. So, what should you do when you get a robocall or an unsolicited text message? Hang up the phone. Do not press 1 or any other numbers to get off the list. Then, contact America’s Consumer Lawyer, for a free consultation. The Federal Trade Commission has stopped billions, yes billions, of robocalls in the last two years. America’s Consumer Lawyer, will do the same for you. We will aggressively enforce the law to stop robocalls and unsolicited text message. Not only will we stop the calls and text messages, but you may be entitled to money damages, too. Damages in TCPA cases range from $500.00 – $1,500.00 per call or text.