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OpenTable Unwanted Text Messages TCPA Class Action

When Congress passed the Telephone Consumer Protection Act (TCPA), it found that “the evidence presented to the Congress indicates that automated or prerecorded calls are a nuisance and an invasion of privacy, regardless of the type of call…” The complaint for this class action brings suit against OpenTable, Inc. for sending out such nuisances, alleging that the company sent unwanted text messages to consumer cells phones, in violation of the TCPA.

The class for this action is all persons in the US who received any unsolicited text messages sent via an automatic telephone dialing system (ATDS) and/or an artificial or prerecorded voice from OpenTable, where the text message was not sent for emergency purposes or with the recipient’s prior express consent, between July 19, 2017 and the date of the certification of the class in this case.

Sometime around May 30, 2021, the plaintiff in this case, Dave Vaccaro, received three text messages on his cell phone. The text messages came from OpenTable, from a short code number it owned or controlled, the complaint claims.

The first text message read, “Welcome! Thanks for joining OpenTable messaging. Standard message & data rates may apply. Text ‘STOP’ to stop receiving all text messages from OpenTable.”

The second read, “You’ve been added to the waitlist for 4 at Maui Brewing Company—Waikiki. Reply 9 to cancel. Text STOP to stop messages.”

The third read, “Please check in with the host at Maui Brewing Company—Waikiki now[.] You table is ready. Text 1 if you’re on your way, 9 to cancel, or STOP to end messages.”

At this, the complaint alleges, Vaccaro answered, “Stop.” OpenTable sent back one final message: “You will no longer receive any text messages from OpenTable. Text anything back to re-enroll. This is not a subscription service. Std msg&data rates may apply.”

The complaint asserts, “As evidenced by [OpenTable’s] messages, [Vaccaro] was not interacting with a live agent but rather an agentless text blast generated by a computer.” It alleges that the test messages were sent by OpenTable’s SMS Blasting Platform, an automatic telephone dialing system, in a process is prohibited by the TCPA.

The complaint claims that the texts were not sent by a live agent and “created a one-sided conversation in which [Vaccaro] could not receive a response to his questions and/or concerns. The text messages were also sent in an automated fashion as a result of computerized campaigns that were pre-programmed in advance to send messages out to large groups of consumers all at once…”

Finally, according to the complaint, the text messages were not sent for emergency purposes and violated the TCPA.

Article Type: Lawsuit
Topic: Privacy

Most Recent Case Event

OpenTable Unwanted Text Messages TCPA Complaint

July 19, 2021

When Congress passed the Telephone Consumer Protection Act (TCPA), it found that “the evidence presented to the Congress indicates that automated or prerecorded calls are a nuisance and an invasion of privacy, regardless of the type of call…” The complaint for this class action brings suit against OpenTable, Inc. for sending out such nuisances, alleging that the company sent unwanted text messages to consumer cells phones, in violation of the TCPA.

OpenTable Unwanted Text Messages TCPA Complaint

Case Event History

OpenTable Unwanted Text Messages TCPA Complaint

July 19, 2021

When Congress passed the Telephone Consumer Protection Act (TCPA), it found that “the evidence presented to the Congress indicates that automated or prerecorded calls are a nuisance and an invasion of privacy, regardless of the type of call…” The complaint for this class action brings suit against OpenTable, Inc. for sending out such nuisances, alleging that the company sent unwanted text messages to consumer cells phones, in violation of the TCPA.

OpenTable Unwanted Text Messages TCPA Complaint
Tags: TCPA, Unsolicited Text Messages, Use of Automatic-Capable Dialer, Your Privacy