Settlement in Class Action Over Mass Text Messages

Two Florida based companies reached a settlement in a class action lawsuit over alleged violation of the Telephone Consumer Protection Act of 1991 (“TCPA”). Palm Beach Mall Holdings LLC and Upscale Events by Mosaic LLC have agreed to pay $6.5 million to avoid litigation.

The TCPA was created to protect consumers from harassing conduct by telemarketers and was intended to limit the ability of telemarketers and other companies from contacting consumers unsolicited. New technologies such as “robodialers” and mass text messaging made it easier for companies to contact large numbers of consumers. Under the TCPA, companies may not send out mass-messages using an autodialer unsolicited.

According to the lawsuit, the two companies contacted consumers to alert them of an upcoming job fair in the air. The companies allegedly obtained thousands of consumers’ cellular phone numbers from public voting records in order to make the mass messages.

If you or anyone you know has been of a victim of unsolicited, corporate mass messaging, please contact Khorrami Boucher Sumner Sanguinetti, LLP for a private consultation.