Santa Clara, CA: Facebook is facing another birthday spam text messaging class action lawsuit, this one brought by Colin R. Brickman of Spring Hill, Florida. In this suit, Hickman asserts, individually and on behalf of others, violations of the Telephone Consumer protection Act (TCPA).
Specifically, Brickman claims that he has set his Facebook account to indicate he does not, and never has, provided his 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.
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.
Plaintiffs 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.
The case is U.S. District Court for the Northern District of California Case number 4:16-CV-00751-DMR.
