Welk Resort Group Unsolicited Text Messages TCPA Class Action

Welk Resort Group, Inc. develops, owns, and operates luxury resorts and timeshares in the US and Mexico. But the complaint for this class action alleges that the company uses unlawful methods to market what it offers, by sending text messages to consumer cell phones, in violation of the Telephone Consumer Protection Act (TCPA).

Congress passed the TCPA in 1991, when the availability of automated telecommunications equipment had made telemarketing an increasing nuisance to consumers. In particular, cell phone owners found it objectionable, because they were forced to pay for incoming calls pushing them to buy products or services they did not want.

Among its provisions, the TCPA makes it unlawful for telemarketers to place non-emergency calls to consumer cell phones using automatic dialing systems or artificial or prerecorded voices unless they have the consumers’ prior express written consent to receive such calls. In this context, the word “calls” includes all communications, including regular voice calls, “ringless” and other voicemails, and text messages.

Plaintiff Kimberley Edwards received “numerous” text messages from Welk on her cell phone. The complaint contends that all of these messages constituted “advertisements” or “telemarketing” messages, because they were “aimed at promoting the commercial availability of [Welk’s] products and services and ultimately selling such products and services.”

The complaint provides the example of one of the messages, which came in on or about March 29, 2018. As quoted in the complaint, the message read, “Welk Resorts: Book a call at http://bit.ly/SDTour today to find out about your sweepstakes entry & offers for an escape to Hawaii. Reply NOTXT to end msgs[.]” The link in the message connected to a website operated and maintained by Welk.

The complaint alleges that all such messages sent by Welk were sent by an automatic dialing system because they “were sent from a dedicated SMS short code used for the exclusive purpose of transmitting text messages to consumers en masse; [and] because the messages contained the same or substantially the same generic, pro forma content…”

The class for this action is all persons in the US who, at any time between February 2, 2016 and the present,

  • Subscribed to a cell phone service,
  • Received at that cell phone number at least one text message sent by or on behalf of Welk using the same or substantially the same dialing technology Welk used to transmit messages to the plaintiff in this case, and
  • For whom Welk has no record establishing the person’s having provided “express written consent” to receive such messages before they were sent.
Article Type: Lawsuit
Topic: Privacy

Most Recent Case Event

Welk Resort Group Unsolicited Text Messages TCPA Complaint

February 2, 2020

Welk Resort Group, Inc. develops, owns, and operates luxury resorts and timeshares in the US and Mexico. But the complaint for this class action alleges that the company uses unlawful methods to market what it offers, by sending text messages to consumer cell phones, in violation of the Telephone Consumer Protection Act (TCPA).

welk_resort_group_tcpa_complaint.pdf

Case Event History

Welk Resort Group Unsolicited Text Messages TCPA Complaint

February 2, 2020

Welk Resort Group, Inc. develops, owns, and operates luxury resorts and timeshares in the US and Mexico. But the complaint for this class action alleges that the company uses unlawful methods to market what it offers, by sending text messages to consumer cell phones, in violation of the Telephone Consumer Protection Act (TCPA).

welk_resort_group_tcpa_complaint.pdf
Tags: TCPA, Unsolicited Text Messages, Use of Automatic-Capable Dialer, unsolicited