Last Friday, a putative consumer class filed a complaint against AT&T Mobility Services, LLC in the District of Colorado for violating the Telephone Consumer Protection Act (TCPA). The case charges AT&T with negligently or willfully spamming individuals with text messages, even after they purportedly revoked their consent to receive AT&T’s communications.
The lead plaintiff worked as a customer service representative with AT&T for two years before his employment ended in April. Seven weeks later, the plaintiff received a message from a “short code number” asking whether he felt symptoms of the COVID-19 virus, and if he did, not to report to work. He immediately typed “STOP” to “opt-out,” as the message instructed, and did so again on at least three separate occasions. Despite this action, the complaint claims, he received over two dozen more messages in the following weeks every morning at 6 a.m.
The putative class avers that the messages came from AT&T who used an automated telephone dialing system (ATDS) to send the messages. The solicitations, they claim, were made without regard to whether or not AT&T first obtained permission to contact them. The complaint stated that the supposed class contains forty or more members, each seeking recovery for ATDS messages received after they opted-out of the communication.
The plaintiff and proposed class request injunctive relief to stop AT&T from committing further violations and a declaration that the company violated TCPA rights. They also seek up to $500 per illegal message per claimant, as provided by law.
The plaintiffs are represented by Eggnatz Pascucci and Jordan Richards, PLLC.
