TCPA Suit Filed Over Text Messages to Wrong Number

A plaintiff has filed a class-action lawsuit alleging a defendant violated the Telephone Consumer Protection Act because it did not stop sending text messages after the plaintiff wrote a text message back saying he had never ordered anything from the defendant, but it appears as though the text messages did stop after the plaintiff called to revoke consent to be contacted.

A copy of the complaint in the case of Rease v. Charter Communications, Inc., can be accessed by clicking here.

The plaintiff is seeking to include any individual with a cell phone who received a text message from the defendant for whom the defendant lacks any record of the individual providing expressed consent to be contacted on their cell phone.

The plaintiff allegedly received a text message from the defendant confirming the placement of an order. The plaintiff replied to the text with another text, saying “I never ordered anything from Spectrum Mobile!” The next day, the defendant allegedly received another text with the tracking number for the order. The plaintiff then called the defendant and revoked consent to be contacted. The representative speculated that perhaps they had a wrong number in their system and that they would stop sending messages. There is no mention in the complaint that any further text messages were sent after the phone conversation.

The defendant is accused of communicating the text messages via an automated telephone dialing system to an individual’s cell phone without first receiving the proper consent to do so. In the complaint, a representative of the defendant is accused of saying that sending a text to the wrong number “happens a lot.”

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