Coca-Cola Battling Allegations of Sending Unwanted Text Messages

The Telephone Consumer Protection Act (“TCPA”), which was passed by congress in 1991, restricts telephone solicitations and the use of automated telephone equipment. Among other things, the TCPA limits the use of automatic dialing systems (“robocalls”), prerecorded voice messages, unwanted text messages, and fax machines. Robocalls are often associated with political and telemarketing phone campaigns, and often use personalized audio messages to simulate and actual personal phone call.Atlanta-based company, Coca-Cola, is currently defending against allegations of similar prohibited behavior in a class action (Shaghayegh Missaghi v. The Coca-Cola Company). Plaintiffs are claiming the soft drink manufacturer harassed and continues to harass its customers by sending unwanted text messages to their cell phones, sometimes several each day. One such unwanted text reads: “MyCokeRewards: Enter now for your chance to win Coke(R) and Pringles(R) for a year. http://cokeurl.com/mSnacks NoPurNec. Ends 2/29/12 Reply HELP for help.”Customers, tired of the incessant messaging, continued to receive the unwanted texts despite their requests to be added to defendant’s “do not contact.” Plaintiffs suffered actual harm, “not only because [they] 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 [texts].”The Coca-Cola TCPA class action lawsuit is seeking an award of actual and statutory damages, specifically, $500 per unsolicited or unwanted text message, for a proposed class of all U.S. customers who received at least one unauthorized or unwanted text from Coca Cola. Plaintiffs are also seeking a permanent injunction, which would prevent Coca-Cola from engaging in the activities at issue. The court may award treble damages, an amount triple the actual damages, if it finds that Coca-Cola’s actions or inactions were willful. This should be an interesting question, as some technology experts have opined that the acts complained of in this case could have been nothing more than a technical issue relating to the SMS platform used by Coca Cola.Today, consumers receive more robocalls and unwanted text messages than ever. Technology is the reason. Companies use autodialers to send out thousands of phone calls and unwanted text messages every minute for an incredibly low cost. What is a robocall? If you pick up the phone and hear a recorded message instead of a live person, then you have received a robocall. Similarly, if someone leaves you a prerecorded message, that’s a robocall, too. The TCPA protects consumers from annoying automated or prerecorded calls, unsolicited and unwanted text messages, among other things. Damages in TCPA cases range from $500.00 – $1,500.00 per call or text. Recently, Jiffy Lube agreed to pay $47 million to settle claims in a text spam class action lawsuit. Sallie Mae also recently settled a class action for $25 million to settle claims it placed automated or prerecorded phone calls to its customers’ cell phones.If you have been the victim of a robocall or a prerecorded message or an unwanted text message, contact Mike Agruss Law, for a free consultation. We will help you stop the unwanted calls and text messages once and for all. Mike Agruss Law, has helped over 1,500 consumers. We want to help you, too.