Anyone who received marketing text messages from Uber while their number was on the National Do Not Call Registry and they didn’t have an account with Uber.
What’s Going On?
It’s believed that Uber may have illegally sent out millions of SMS spam texts without the recipients’ consent, including messages reminding people to finish the signup process, advertising deals or asking former drivers to come back. Attorneys working with ClassAction.org are looking into whether the texts violated federal and state telemarketing laws – and if a class action lawsuit can be filed.
How Could a Lawsuit Help?
A lawsuit could help compensate people who received the texts and potentially force Uber to stop sending spam messages.
Attorneys working with ClassAction.org want to hear from anyone who received marketing text messages from Uber when their phone number was listed on the National Do Not Call Registry and they had no account with the company.
Specifically, the attorneys believe the SMS messages at issue – which may include advertisements, reminders for consumers to finish signing up, and requests for former drivers to come back – may have violated federal and state telemarketing laws that require companies to obtain consent before sending marketing texts to people whose numbers are on the Do Not Call list.
The Telephone Consumer Protection Act (TCPA) provides that consumers who received unlawful texts may be owed $500 to $1,500 per violation.
Are Spam Texts Illegal?
Under the Telephone Consumer Protection Act, it is illegal to use certain automated technology to place telemarketing calls or texts to a person’s phone number without first obtaining their written consent.
To facilitate compliance with the TCPA, the Federal Trade Commission set up the National Do Not Call (DNC) Registry, a list of phone numbers that belong to people who do not want to receive telemarketing calls. The TCPA provides that anyone on the DNC list who has received more than one unwanted telemarketing call (or text) from the same company in a 12-month period can recover up to $500 in damages. Further, if the company is found to have willingly or knowingly violated the TCPA, the victim may be able to claim up to $1,500 in damages.
Is Uber Sending Spam SMS Texts?
Some consumers are complaining that Uber sent them unwanted telemarketing SMS messages.
These texts may include:
Advertisements, promotions or deals
Reminders to complete the signup process to become a driver or customer
Solicitations for a former driver to come back to work for Uber
Importantly, it’s believed that Uber may be sending SMS messages to people who do not have an account with the company and did not provide their consent to receive marketing texts.
How Could a Lawsuit Help?
If filed and successful, a class action lawsuit could help consumers recover money for any unlawful marketing texts they received. It could also potentially force Uber to change its marketing practices.