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Friday, December 13, 2019

Facebook alleged to have sent automated text messages without consent

By Noddy A. Fernandez | Jan 10, 2018

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SAN DIEGO (Legal Newsline) – A consumer alleges a social media company sent her unwanted text messages without her permission.

Emma Castillo filed a complaint on Dec. 1, 2017, in the Superior Court of the State of California, San Diego County against Facebook Inc. and Does 1-10 for allege violation of the Telephone Consumer Protection Act.

According to the complaint, the plaintiff alleges that she never provided her cellphone number to defendant and did not in any way consent to receive text messages from the defendant. Nevertheless, defendant allegedly has sent at least six messages to her cellphone, sometimes referring to her as "Oscar" to promote the use of its social media site to drive user traffic and increase its revenues. 

The plaintiff holds Facebook Inc. responsible because the defendant allegedly failed to obtain consent before sending numerous text messages through an automated text messaging process.

The plaintiff requests a trial by jury and seeks judgment for compensatory damages, statutory penalties, attorney's fees, costs of suit, and for such other and further relief as the court deems just and proper. She is represented by Thomas Foley of Foley Law Office in San Diego.

The defendant removed the case to the U.S. District Court for the Southern District of California on Jan. 2.

U.S. District Court for the Southern District of California case number 3:18-cv-00004-MMA-KSC

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U.S. District Court for the Southern District of CaliforniaFacebook Inc.