Connected SF Unwanted Text Messages TCPA Class Action

This complaint begins with a quotation from a 2015 document by the Federal Communications Commission (FCC): “Month after month, unwanted robocalls and texts, both telemarketing and informational, top the list of consumer complaints received by the [FCC].” The complaint alleges that MSTMA, Inc., which does business as Connected SF, adds to this burden of unwanted calls and violates the Telephone Consumer Protection Act (TCPA).

The TCPA is intended to give consumers some say in who is permitted to contact them or leave messages. Congress passed the law in 1991, around the time when companies were gaining increasing access to new telecommunications equipment, such as automatic telephone dialing systems (ATDSs) and equipment to transmit recordings.

Businesses may not place calls to consumer cell phones, except in case of emergency, using ATDSs or artificial or prerecorded voices unless they obtain the consumers’ prior express written consent. The term “place calls” here applies to the sending of text messages as well. The rules and regulations for the TCPA provide requirements for how valid consent may be obtained.

The plaintiff in this cases, Cole Swan, received a number of text messages from Connected SF in October 2018.

The first said, “Join us for Happy Hour every[ ]day from 9am-12pm! Show this message and receive 10% off your purchase! Message and data rates may apply. Periodic messaging. Text STOP to end, text HELP for info. Terms of Use and Privacy Policy.”

The second began, “Connected SF Customer Appreciation Day 10/11/18. Come in and receive 15% off all flowers!…”

The third was similar to the first, beginning, “Make sure to stop by Connected SF during Happy Hour Every[ ]day from 9 AM – Noon to save 10% off your entire order!!…”

Swan claims he did not give Connected SF his number, nor did he agree to receive these unwanted text messages.

The complaint alleges, “The impersonal and generic nature of the text message that [Connected SF] sent to [Swan] … demonstrates that [Connected SF] used an ATDS to send the subject messages.”

The No Consent Class for this action is all persons in the US whose cell phones were texted or called by Connected SF or anyone acting on its behalf, to advertise Connected SF’s services, between June 18, 2016 and June 18, 2020, without those consumers’ prior express consent, using the same equipment used to call the cell phone of the plaintiff in this case, in violation of the TCPA.

Article Type: Lawsuit
Topic: Privacy

Most Recent Case Event

Connected SF Unwanted Text Messages TCPA Complaint

June 18, 2020

This complaint begins with a quotation from a 2015 document by the Federal Communications Commission (FCC): “Month after month, unwanted robocalls and texts, both telemarketing and informational, top the list of consumer complaints received by the [FCC].” The complaint alleges that MSTMA, Inc., which does business as Connected SF, adds to this burden of unwanted calls and violates the Telephone Consumer Protection Act (TCPA).

Connected SF Unwanted Text Messages TCPA Complaint

Case Event History

Connected SF Unwanted Text Messages TCPA Complaint

June 18, 2020

This complaint begins with a quotation from a 2015 document by the Federal Communications Commission (FCC): “Month after month, unwanted robocalls and texts, both telemarketing and informational, top the list of consumer complaints received by the [FCC].” The complaint alleges that MSTMA, Inc., which does business as Connected SF, adds to this burden of unwanted calls and violates the Telephone Consumer Protection Act (TCPA).

Connected SF Unwanted Text Messages TCPA Complaint
Tags: TCPA, Unsolicited Text Messages, Use of Automatic-Capable Dialer