A lawsuit was filed in a California federal court that claims Twitter violated the Telephone Consumer Protection Act (TCPA). The plaintiffs in this case are asking for class action certification. The suit alleges a violation of the TCPA’s requirement that a consumer give express consent before commercial text messages are sent to a consumer’s phone. Plaintiffs allege that Twitter sent a confirmation text message to them in response to their text messages opting out of receiving further text messages from Twitter. The plaintiffs argue that Twitter’s confirmation message violated the TCPA because it was sent without the plaintiffs’ prior express consent. The plaintiffs argue that their request to opt out of any further text messaging from the defendants revoked any express consent given prior to the opt out. Text message confirmations of a request to opt out of receiving further text messages are relatively standard in the industry. In fact, the Mobile Marketing Association’s U.S. Consumer Best Practices recommends that a confirming message should be sent to the consumer.
These cases could have an impact on companies that use text messaging to communicate with consumers or as a marketing tool. A court resolution of these cases should provide valuable guidance to similarly situated firms in the future.