ADT Advertising Text Messages to Cell Phones TCPA Class Action

This class action brings suit against ADT, LLC, Safe Streets USA, LLC, and Resource Marketing Corp., LLC for sending text messages to consumers in a way that violates the Telephone Consumer Protection Act (TCPA). The complaint attempts to hold responsible a company that provides equipment and services (ADT), one of its authorized dealers (Safe Streets), and the company that sent the text messages (Resource Marketing).

The class for this action is

  • All persons in the US
  • Who received a text message on their cell phones
  • Made by or on behalf of the defendants in this case
  • When the person had not given the defendants their prior express consent to receive such messages,
  • And where the text message was sent at any time between November 4, 2015 and the date the Notice in this class action is disseminated.

Congress passed the TCPA in 1991 because consumers were increasingly annoyed at the volume of telemarketing calls and messages directed at them. The complaint says, “Specifically, the plaint language of [the regulations] prohibits the use of autodialers to make any call to a wireless number in the absence of an emergency or the prior express consent of the called party. The same section [of the regulations] forbids making calls using an ‘artificial or prerecorded voice.’”

The regulations also set forth requirements for obtaining consumers’ consent.

In this case, starting in June 2018, plaintiff Todd Brand began receiving on his cell phone “multiple unsolicited, non-emergency text messages” sent by Resource Marketing.

On June 26, for example, he received a text message that read, “Hey it’s Sam from ADT. We are in your area this week with $100 dollar [sic] gift cards and $850 of free equipment. Can we chat real quick so you don’t miss out?”

Two days later, he received another message: “Hey, Sam from ADT again. We are right in your area now and going door to door. Do you have a second for me to explain this promotion?” Brand did call the number provided then and spoke to a representative, who offered to make an appointment for him to discuss ADT’s services.

On July 17, he received yet another message: “Hey it’s Pat on behalf of ADT Home Security. We are in your area this week with $100 gift cards and $850 of free equipment. Let’s chat so you don’t miss out.”

The complaint alleges that the messages were sent with an automatic telephone dialing system because they were “impersonal and generic, a hallmark of an ATDS.” In addition, the complaint quotes from online postings of messages received by other consumers where the wording is identical.

Article Type: Lawsuit
Topic: Privacy

Most Recent Case Event

ADT Advertising Text Messages to Cell Phones TCPA Complaint

November 4, 2019

This class action brings suit against ADT, LLC, Safe Streets USA, LLC, and Resource Marketing Corp., LLC for sending text messages to consumers in a way that violates the Telephone Consumer Protection Act (TCPA). The complaint attempts to hold responsible a company that provides equipment and services (ADT), one of its authorized dealers (Safe Streets), and the company that sent the text messages (Resource Marketing).

ADT Advertising Text Messages to Cell Phones TCPA Complaint

Case Event History

ADT Advertising Text Messages to Cell Phones TCPA Complaint

November 4, 2019

This class action brings suit against ADT, LLC, Safe Streets USA, LLC, and Resource Marketing Corp., LLC for sending text messages to consumers in a way that violates the Telephone Consumer Protection Act (TCPA). The complaint attempts to hold responsible a company that provides equipment and services (ADT), one of its authorized dealers (Safe Streets), and the company that sent the text messages (Resource Marketing).

ADT Advertising Text Messages to Cell Phones TCPA Complaint
Tags: TCPA, Unsolicited Text Messages, Use of Automatic-Capable Dialer