Robbie Hargett Feb. 23, 2016, 1:09pm


SAN FRANCISCO (Legal Newsline) - A Florida man is suing Facebook, alleging it sends unsolicited texts to his cell phone.

Colin R. Brickman of Spring Hill, Florida, individually and for all others similarly situated, filed a class action lawsuit Feb. 12 in U.S. District Court for the Northern District of California against Facebook Inc., alleging violations of the Telephone Consumer Protection Act.

The suit states Brickman's Facebook account settings indicate he expressly did not and does not consent to receive text messages of any kind from Facebook.  Despite his lack of consent, the lawsuit states, Facebook transmits to his cell phone unsolicited text messages containing birthday announcements.

Brickman and others in the class seek statutory damages of $500 per violation, treble damages of $1,500 per violation, injunctive relief, interest, attorney fees and costs of the suit. They are represented by attorneys Patrick J. Perotti and Frank A. Bartela of Dworken & Bernstein LPA in Painesville, Ohio, and by attorneys Kristen Law Sagafi, Martin D. Quinones, and Hassan A. Zavareei of Tycko & Zavareei LLP in Oakland, California, and Washington, D.C.

 U.S. District Court for the Northern District of California Case number 4:16-CV-00751-DMR

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