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Gigats Do Not Call, Opt-Out, Unsolicited Text Messages TCPA Class Action

Expand Incorporated, doing business as Gigats, a job-matching service, sends subscribers job leads via SMS text-messaging. “SMS” stands for “short message service,” a method of sending short messages (usually limited to 160 characters), to cell phones. Unfortunately, the complaint alleges that it also markets itself that way as well, without regard to the Telephone Consumer Protection Act (TCPA).

The TCPA was passed to protect consumers from the barrage of telemarketing messages that grew out of the development of new technology, such as automatic dialing systems and pre-recorded messages. SMS is merely one of the latest such methods of bulk marketing, and it is no more legal than other unwanted telemarketing when sent to cell phones or phones on the National Do Not Call Registry.

In this case, plaintiffs Laura Hilton and Daniel Metzger claim to have received unwanted text messages from Gigat on their cell phones.

According to the complaint, on or around March 30, 2017, Hilton began receiving unsolicited text messages from Gigats on her cell phone, even though Hilton had registered her number years before with the National Do Not Call Registry. Other messages followed, on March 31, April 2, and April 4. The messages purported to be about job openings and seemed to be directed at someone named Ayanna Guthrie, a name Hilton says she is not familiar with.

The complaint lays out a similar pattern with Daniel Metzger, alleging that on or around March 28, 2017, he began receiving messages that addressed him as “alex” and purported to be about job openings. Metzger claims to have responded to the first message with a “STOP” request, the complaint says, but two more messages followed.

Both of these series of text messages violated the TCPA because, the complaint alleges, they were sent to cell phones without prior written consent from the owners and were made by automated dialing and messaging systems. The complaint cites additional violations in the call to a Hilton’s Do-Not-Call-listed phone and the refusal to stop sending messages after Metzger’s opt-out “STOP” message.

Three classes have been outlined for this action:

  • The Auto-Dialed, No Consent Class
  • The Auto-Dialed, Stop Call Class
  • The No-Consent, Do Not Call Class

The first two involve text messages sent to cell phones, with a class period of August 2, 2013 to the present; the third involves calls to any phone on the Do Not Call Registry, with a class period of February 12, 2012 to the present. 

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Gigats Do Not Call, Opt-Out, Unsolicited Text Messages TCPA Complaint

August 2, 2017

Gigats, a job-matching service, sends subscribers job leads via SMS text-messaging. Unfortunately, the complaint claims that it also markets itself that way as well, without regard to the Telephone Consumer Protection Act (TCPA). The complaint alleges instances of Gigats’s making unsolicited messaging calls to plaintiffs’ cell phones, its calling of a phone on the National Do Not Call Registry, and its failure to stop calling after a plaintiff followed opt-out procedures. 

expand_tcpa_complaint.pdf

Case Event History

Gigats Do Not Call, Opt-Out, Unsolicited Text Messages TCPA Complaint

August 2, 2017

Gigats, a job-matching service, sends subscribers job leads via SMS text-messaging. Unfortunately, the complaint claims that it also markets itself that way as well, without regard to the Telephone Consumer Protection Act (TCPA). The complaint alleges instances of Gigats’s making unsolicited messaging calls to plaintiffs’ cell phones, its calling of a phone on the National Do Not Call Registry, and its failure to stop calling after a plaintiff followed opt-out procedures. 

expand_tcpa_complaint.pdf
Tags: Called Number on Do Not Call Registry, Failure to List on Internal Do Not Call List, TCPA, Unsolicited Cell Phone Calls, Use of Automatic-Capable Dialer