July 10, 2019

Facebook TCPA Class Action

Facebook TCPA Suit

Facebook has denied sending customers illegal text messages to consumers in violation of the Telephone Consumer Protection Act (TCPA), stating that the messages sent were not in fact solicitations.

The company told U.S. District Court Judge Lee Yeakel that the proposed class action by plaintiff Colin Suttles should be thrown out, as Suttles’ claims that Facebook violated the TCPA via “telephone solicitations” are inaccurate. Suttles lawsuit does not blatantly make allegations of solicitations, according to Facebook, which stated that Suttles “attempts to state a claim based on a theory far removed from the TCPA’s language.”

“Suttles is alleging that Facebook sent him text messages not to encourage him to purchase goods or services, but to bolster Facebook’s ability to encourage third-party businesses to purchase goods or services,” Facebook argues. “But the TCPA does not prohibit Facebook from soliciting businesses to purchase ads; it prohibits solicitation of the ‘telephone subscriber’ to purchase products, goods, or services.” Because of this, Facebook concludes that they were not soliciting Suttles, which his TCPA violation claims require.

Suttles filed the lawsuit in Texas in November. He made an additional complaint in June, alleging that he’d received at least 32 text messages since November 2014, though his number had been on the National Do Not Call Registry since January 2006.

TCPA Class Action

This is not the first TCPA lawsuit that Facebook has faced. In February 2017, a California federal judge threw out a TCPA class action suit because the plaintiff failed to show that alerts sent from Facebook were autodialed. However, the lawsuit was reviewed last month, and the Ninth circuit Court of Appeals ruled that the plaintiff did adequately allege that an autodialer was used.

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