TCPA Text Violation – $2.5M Settlement

by | Feb 11, 2019 | Compliance Blog Posts | 0 comments

TCPA Text Violation

A $2.5 million settlement penalizing Mid-Atlantic Sports Network (MASN), Hyundai, and Mercedes-Benz for violating the TCPA has been preliminarily approved by a Florida federal judge. The companies are accused of sending unsolicited texts messages with sales promotions. Further, MASN allegedly used an automatic telephone dialing system (ATDS) to send the text messages, which also violates the TCPA.

Plaintiff Sebastian Gonzalez says that the settlement amount “did not come easily” for the proposed class – which is composed of anyone who received a text message from MASN, without giving prior expressed written consent, between December 12, 2013 and the court’s preliminary approval date.

Gonzalez said in an October brief that the defendants “do not contest that they simultaneously peppered thousands of consumers with tens of millions of text messages during the statutory period.” However, he continued that “still, they somehow claim, without presenting a single lick of evidence, that the technology they used does not constitute an automatic telephone dialing system.”

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