Los Angeles, CA: Coca-Cola is facing a Telephone Consumer Protection Act (TCPA) class action lawsuit over allegations the soft drink manufacturer bombards customers' cell phones with spam text messages regardless of whether or not they've opted out of its "rewards"program.
The Plaintiff claims Coca Cola' actions are in violation of the TCPA, which prohibits companies from using an automatic dialing system to make unsolicited calls or text messages to a customer' cell phone.
Specifically, the lawsuit states, "In an effort to promote a variety of its products and services, [Coca-Cola] encourages consumers to subscribe to its rewards program. Once subscribed, Defendant floods consumers' cellular telephone with multiple text message calls every week, frequently making unwanted text message calls at all hours of the day."
The lawsuit contends that customers who try to opt out of receiving unauthorized text messages from Coca-Cola continue to receive them, "long after they have opted-out from receiving any text message calls from Coca-Cola."
"By making these unauthorized text message calls, Defendant has caused consumers actual harm, not only because consumers were subjected to the aggravation that necessarily accompanies the receipt of unauthorized text message calls, but also because consumers frequently have to pay their cell phone service providers for the receipt of such unauthorized [texts],"the lawsuit states.
The lawsuit, Shaghayegh Missaghi v. The Coca-Cola Company, Case No. 12-cv-7472 SJO (Ex), U.S. District Court, Central District of California, is seeking an award of actual and statutory damages for a proposed class of all persons in the U.S. and its Territories who received one or more unauthorized texts from or on behalf of Coca-Cola. It is also seeking a permanent injunction requiring Coca-Cola to cease all unsolicited text message activities. The Plaintiff is represented by the law firm Edelson McGuire LLP.
