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.

Learn how you can protect your organization from costly TCPA fines and penalties.


Navigating the state and federal regulatory maze while mitigating risk is becoming more daunting every day for compliance leaders. Especially when dealing with agents in branch offices, reps using personal phones, or independents and BPOs marketing on your behalf. For almost 20 years, Gryphon has protected the largest and most valued brands in banking, insurance, manufacturing and home services from headline risk, brand damage, and costly fines associated with outbound marketing violations. Gryphon provides fully indemnified compliance services for any application, campaign, or any agent at any location, including third parties marketing on your behalf.

Avoid TCPA and DNC fines. Gryphon is the ONLY fully indemnified compliance service that is built for the highest-volume marketing organizations and integrates with any telephone, application or marketing system. Protect your business from TCPA and DNC Risk. The Cost of non-compliance extends far beyond the risk of fines. Since 1998, Gryphon’s highly patented suite of compliance services provides bulletproof compliance and protection from headline risk, brand damage, and costly penalties. Our service is FULLY INDEMNIFIED for compliance with state and federal TCPA laws and DNC regulations.

Our services apply all legal exemptions to those laws to help your business grow, and our experts provide customized consulting and support with expanding regulations. Bullet-proof compliance is only half the equation used to solve TCPA and DNC compliance issues.  Gryphon’s intelligent cloud engine automatically applies legal exemptions (opt-ins) to make sure you are not over-suppressing legal contacts who want to hear from you. Gryphon’s Secure Cloud engine unlocks your largest marketable universe to maximize your outreach and protect every opportunity.

Learn More About Gryphon