Uber Technologies, Inc. is the defendant in a proposed class action filed by a Florida consumer who claims the ride-share giant unlawfully continues to send unsolicited textsaftera recipient has already opted out of receiving further messages.
Filed in California, the lawsuit says Uber has sent text messages to thousands of phone numbers belonging to consumers who have already replied “Stop” to previous texts. According to the case, Uber sends such text messages by way of an automatic telephone dialing system capable of storing, producing, and dialing numbers at random and without human intervention.
Alleged Telephone Consumer Protection Act (TCPA) violations aside, the case points out the Federal Communications Commission has made clear that companies must provide consumers with a method by which to opt out of receiving text messages. The FCC has stipulated that, at most, a single text message may be sent to a consumer after he or she exercises his or her right to opt out, the complaint says.
“Notwithstanding such authorities, [the defendant] ignores the FCC and industry guidelines and instead fails to honor requests by consumers to opt-out or unsubscribe to the SMS text messages,” the lawsuit reads. “Despite receiving multiple express ‘STOP’ requests from [the plaintiff] and other cellular subscribers, [Uber] continues to send automated text messages to these subscribers.”