Parler Inc. faces a proposed class action lawsuit that alleges the right-wing social media app has unlawfully sent consumers unsolicited, automated text messages.
The plaintiff, a Broward County, Florida resident, says in the 22-page complaint that she never expressly consented to receive texts from Parler, and alleges the company’s failure to include opt-out instructions to stop the spam messages indicates it has failed to maintain written policies and procedures regarding text message marketing, appropriately train personnel, and maintain a standalone do-not-call list.
The suit, filed on September 23, alleges Parler has run afoul of the federal Telephone Consumer Protection Act (TCPA) and Florida Telephone Solicitation Act (FTSA).
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“Defendant’s telephonic sales calls have caused Plaintiff and the Class members harm, including violations of their statutory rights, statutory damages, annoyance, nuisance, and invasion of their privacy,” the filing alleges.
According to the case, the plaintiff, whose number is in the National Do-Not-Call Registry, received texts from Parler in December 2021 in which the company promoted pre-release access to Donald Trump-inspired non-fungible tokens, or NFTS, as well as discounts on a wine subscription service. The purpose of the messages, the suit states, was to “solicit the sale of consumer goods and/or services.”
The texts, which were sent via short-code, did not identify the name of the “individual caller,” the name of the legal entity on whose behalf the message was sent, and a phone number at which Parler may be contacted, the case states. The lawsuit says Parler uses a messaging platform capable of sending “blasts” of texts automatically, with no human involvement.
“The impersonal and generic nature of Defendant’s text message and the fact that it originated from a short-code demonstrates that Defendant utilized a computer software system that automatically selected and dialed Plaintiff’s and the Class members’ telephone numbers,” the suit reads.
The lawsuit looks to represent consumers across the United States who, anytime within the last four years and until the date of class certification, received at least two unsolicited text messages from Parler within a 12-month period regarding the company’s property, goods or services.
The case also looks to cover Florida residents who were sent a telephonic sales call, including text messages, regarding Parler’s property, goods or services using the same equipment or type of equipment used to call the plaintiff.
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