We recently blogged about potential Telephone Consumer Protection Act (TCPA) violations for cell phone calls without the consent of the party being called. As reported by the National Law Journal, Uber has come under fire for allegedly sending texts inviting people to become drivers. These alleged texts have landed Uber in federal court in the Northern District of California to defend a proposed class action under the TCPA. Here are few relevant selections:
Plaintiffs from Oregon, New Hampshire and Missouri claim that the ride-sharing company has violated the Telephone Consumer Protection Act by sending them unbidden texts in an effort to recruit them to join the cellphone-based, free-form fleet that is challenging traditional taxis as a way to hail a ride.
In Reardon v. Uber, filed on Dec. 24 in U.S. District Court for the Northern District of California, the plaintiffs allege that they received multiple, auto-dialed texts from Uber on their personal cellphones without their permission. The TPCA bans sending automatically generated communications to a wireless phone number without the prior express consent of the recipient.
The messages they claimed to have received generally consisted of at least six or seven lines of text, with language such the one that plaintiff Julie McKinney said she received on Dec. 4. “Do your first trip before 12/12 and qualify for Uber’s $215 guaranteed 12/12-12/14. Finish sign up today partners.uber.com for details t.uber.com/KCapplied.” McKinney, from Lees Summit, Mo., said her cellphone plan charges her for all incoming calls and text messages.
