Spam Text Message Claims May Proceed Against Franchisee and its Marketing Firm

more+
less-

In September 2011, a group of consumers filed a class action lawsuit in federal court in California against Heartland Automotive Services, Inc. (Heartland) and marketer TextMarks, Inc. (TextMarks) for alleged violations of the TCPA. Heartland is a Jiffy Lube franchisee that operates in several hundred locations. The plaintiffs alleged that Heartland hired Textmarks to run a marketing campaign that included sending text messages offering discounted services. Plaintiffs also alleged that in sending the text messages, TextMarks used equipment that “had the capacity to store or produce telephone numbers to be called, using a random or sequential number generator” and that the messages were made “en masse” and without plaintiffs’ prior express consent.

Please see full alert below for more information.

LOADING PDF: If there are any problems, click here to download the file.


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Miller Canfield | Attorney Advertising

Written by:

more+
less-

Miller Canfield on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×
Loading...
×
×