The Coca-Cola Company SMS Spam Class Action Lawsuit
Plaintiffs Bryan Robbins and Marvin Feiges have filed a class action lawsuit against The Coca-Cola Company claiming Coca-Cola illegally contacted consumers through SMS text messages to cell phones. The suit seeks to represent anyone in the United States who received unsolicited SMS or text messages from Coca-Cola or Coca-Cola’s agents.
Class Action Lawsuit Argues Coca-Cola Violated Telephone Consumers Protection Act
Unlike conventional methods of advertisement, SMS text messages costs the receivers money, either for each text message or a usage allocation deduction from the recipients’ plans. The unsolicited text messages were placed via an “automatic telephone dialing system” (ATDS). An ATDS has the capacity to dial numbers randomly and place telephone calls or send SMS messages to cell phones.
In 2012, Bryan Robbins and Marvin Feiges began receiving unsolicited text messages from Coca-Cola. The SMS messages included material to promote the sale of Coke products, such as an advertisement for Coke Zero, which plaintiff Robbins received. Bryan Robbins replied using the word “STOP”, but continued receiving text messages.
In May 2013, US District Judge Irma Gonzales denied Coca-Cola’s motion to dismiss the lawsuit.
The class action claims the text messages should considered calls under the TCPA, and are seeking a trial by jury and $1,500 in damages for each text message in violation of TCPA.