Twitter hit with TCPA violation class action

Kyla Asbury Nov. 29, 2014, 6:00pm

SAN FRANCISCO, Calif. (Legal Newsline) - A class action lawsuit has been filed against Twitter after a woman claims it violated the Telephone Consumer Protection Act by sending unsolicited text messages.

In November, Beverly Nunes obtained a new cell phone number from MetroPCS and almost immediately, she began to receive impersonal, promotional text messages several times per day, according to a complaint filed June 19 in the U.S. District Court for the Northern District of California.

Nunes claims the messages were coming from "40404," which she later learned from Twitter's SMS short code.

Despite replying for the messages to stop at least twice, Nunes continued to receive the unauthorized text messages, receiving as many as four to six messages per day at all hours of the day and night, including message before 8 a.m. and after 9 p.m., according to the suit.

"At no time did plaintiff give prior express consent to Twitter to receive SMS text messages from it, let alone consent to receive autodialed telemarketing messages," the complaint states. "Plaintiff has never had a Twitter account, has never used or followed Twitter and has no pre-existing relationship with either Twitter or the advertisers for the text messages she received."

Nunes claims Twitter violated the Telephone Consumer Protection Act by making unauthorized text calls to her and other members of the class by using an automatic telephone dialing system.

Twitter allegedly spammed Nunes and class members' cell phones with unwanted bulk automated text messages in an effort to generate advertising revenue, according to the suit.

"Twitter has caused consumers actual harm, including the aggravation and privacy invasion that accompanies receiving unsolicited text messages," the complaint states. "Moreover, consumers are damaged by having to pay cellular telephone service providers for the receipt of Twitter’s unsolicited text messages."

Nunes is seeking class certification, at least $500 in damages for each alleged TCPA violation, statutory damages and post-judgment interest. She is being represented by Jeffrey F. Keller, Carey G. Been and Sarah R. Holloway of Keller Grover LLP; John G. Jacobs and Bryan G. Kolton of Jacobs Kolton; and David Schachman of the Law Offices of Davis Schachman.

The case has been assigned to District Judge Joseph C. Spero.

U.S. District Court for the Northern District of California case number: 3:14-cv-02843

From Legal Newsline: Kyla Asbury can be reached at

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