Coca-Cola Target of Unsolicited Text Class Action Lawsuit

By on December 10, 2012
Coca Cola Text Message TCPA Lawsuit

Coca-Cola Co. is being sued for allegedly sending unsolicited spam text messages to thousands of individuals without prior consent, violating the Telephone Consumer Protection Act (TCPA).

The class action complaint cites one example wherein a consumer allegedly received a text message with a scoreboard update from a football game between the University of Alabama and Louisiana State University (LSU) informing him to vote for one of the teams.  After the consumer placed his vote, he received an additional unsolicited text message with a Coke Zero ad.

According to the complaint, Coca-Cola used marketing firm Mozes Inc., to send unsolicited advertisements for its products, thus violating the TCPA.  The TCPA forbids companies from reaching out to people on their phones using a mechanical dialing system or prerecorded message without their prior permission.  Violating the TCPA carries a $500 fine per violation with some awards reaching $1,500 if a jury decides that a company willfully violated the law.

Also see: Papa John’s (PZZA) Target of $250 Million Illegal Text Message Lawsuit; Stock Falls

The class action lawsuit was filed on behalf of all persons or entities nationwide that, within the past four years, received a text message promoting Coca-Cola’s goods or services.   The action seeks the greatest penalty under the TCPA in addition to injunctive relief banning Coca-Cola and Mozes from further TCPA infringements.

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