Walmart Telemarketing Texts Sent Without Permission TCPA Class Action

It would be difficult for a large company like Walmart, Inc. to claim that it’s never heard of the Telephone Consumer Protection Act (TCPA). Nevertheless, the complaint for this class action alleges that the company sent text messages to consumer cell phones in a way that violated the TCPA.

The TCPA was intended to allow consumers some control over who invaded their privacy with telemarketing calls, faxes, and text messages.

Under the TCPA, businesses are prohibited from calling consumer cell phones using an automatic dialing system or an artificial or prerecorded voice unless they have the consumers’ prior express written consent to receive them.

The written consent process must give consumers a “clear and disclosure conspicuous” of the consequences of that consent, and the consent must be unambiguous.

Telemarketing is defined as “the initiation of a telephone call or message for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services.” However, calls or messages do not need to contain “an explicit mention of a good, product, or service” as long as the improper purpose of the call is clear.

On April 7, 2020, the complaint alleges, Walmart sent a telemarketing text message to plaintiff Charlie Gabertan’s cell phone.

The text message, reproduced in the complaint, read, “Walmart Rx – Are you 60+, high-risk, self-quarantining, or have Covid-19 symptoms? Use curbside pickup or have your Rx mailed.” This was followed by a link where the recipient could obtain more information.

The complaint claims that this message constituted telemarketing because it promoted Walmart’s pharmacy business and deliver services. According to the complaint, “At no point in time did [Gabertan] provide [Walmart] with his express written consent to be contacted using” an automatic dialing system.

The complaint alleges, “The impersonal and generic nature of [Walmart’s] text message demonstrates that [Walmart] utilized an ATDS in transmitting the messages.” The text message came from a short code that the complaint believes belongs to Walmart.

The class for this action is all persons in the US who, between June 1, 2016, (1) were sent a text message by or on behalf of Walmart, (2) using an automatic telephone dialing system, (3) for the purpose of soliciting the purchase or investment in Walmart’s goods or services, (4) from whom Walmart did not obtain prior express consent or from whom it obtained purported prior express consent in the same way that it claims to have obtained it from the plaintiff in this case.

Article Type: Lawsuit
Topic: Privacy

Most Recent Case Event

Walmart Telemarketing Texts Sent Without Permission TCPA Complaint

June 1, 2020

It would be difficult for a large company like Walmart, Inc. to claim that it’s never heard of the Telephone Consumer Protection Act (TCPA). Nevertheless, the complaint for this class action alleges that the company sent text messages to consumer cell phones in a way that violated the TCPA.

Walmart Telemarketing Texts Sent Without Permission TCPA Complaint

Case Event History

Walmart Telemarketing Texts Sent Without Permission TCPA Complaint

June 1, 2020

It would be difficult for a large company like Walmart, Inc. to claim that it’s never heard of the Telephone Consumer Protection Act (TCPA). Nevertheless, the complaint for this class action alleges that the company sent text messages to consumer cell phones in a way that violated the TCPA.

Walmart Telemarketing Texts Sent Without Permission TCPA Complaint
Tags: TCPA, Unsolicited Text Messages, Use of Automatic-Capable Dialer