Facebook Class Action Lawsuit Alleges Spam Text TCPA Violations

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In Duguid v. Facebook (U.S. District Court, Southern District of New York), Mr. Duguid alleges that Facebook "negligently, knowingly, and/or willfully sent unauthorized automated text messages to [his] cellular phone in violation of the Telephone Consumer Protection Act."

TCPA Attorney Sergei Lemberg

Facebook's automated systems are powerful and, when used improperly, capable of extreme invasions into the privacy of American consumers.

On behalf of Noah Duguid, Lemberg Law filed a class action lawsuit against Facebook, Inc., alleging that the social media behemoth violated the Telephone Consumer Protection Act by sending unwanted text messages to consumers' cell phones using an automated telephone dialing system. According to consumer attorney Sergei Lemberg, "We're pleased to be able to help Mr. Duguid get the justice he deserves."

In Duguid v. Facebook (U.S. District Court, Southern District of New York), Mr. Duguid alleges that Facebook "negligently, knowingly, and/or willfully sent unauthorized automated text messages to [his] cellular phone in violation of the Telephone Consumer Protection Act."

The suit alleges that, beginning in January 2014, "Facebook placed repeated text messages to [Duguid]." The complaint reproduced the messages, which were variations of, "Your Facebook account was accessed from an unknown browser at 2:16 p.m. Log in for more info." The complaint states that, in April, Mr. Duguid "sent Facebook a detailed email complaining of the unauthorized text messages to his cell phone and requesting that the text messages cease." Facebook responded with an automated email directing Mr. Duguid "to log on to the Facebook website to report problematic 'content.'" The complaint further outlines that Mr. Duguid replied, again explaining the issue, and noting, "A human needs to read this email and take action." According to the complaint, "In response, Facebook sent the same automated email as received in response to the first email."

The legal filing outlines the next in a sequence of events. It notes that, in October, Mr. Druguid "responded to a text message form Facebook with the word 'off'. Facebook responded: 'Facebook texts are now off. Reply on to turn them back on.'" Nevertheless, according to the complaint, "...the very same day, Facebook sent Plaintiff another text message. [Druguid] once again responded 'off' and 'all off.' Again, Facebook responded, 'Facebook texts are now off. Reply on to turn them back on.' Again, still in the same day, Facebook sent [Druguid] another text message."

The complaint seeks to represent two classes of consumers. The first class consists of those who didn't provide Facebook with their cell phone number and who received text messages from Facebook within the past four years. The second class consists of those how notified Facebook that they no longer wanted to receive text messages, and received a confirmation from Facebook, but still received a text message from the company.

Spam text messages are all-too-common. The complaint noted, "...the Pew Research Center found that 69% of texters reported receiving unwanted spam text messages, while 25% reported receiving spam texts weekly."

The lawsuit went on to say, "Servicing over a billion Facebook accounts worldwide, Facebook's automated systems are powerful and, when used improperly, capable of extreme invasions into the privacy of American consumers.... Facebook operates a sloppy system and in doing so shows complete disregard for the privacy of consumers."

This release references Duguid v. Facebook (U.S. District Court, Southern District of New York, Case No. 1:14-cv-09456-SAS).

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About Lemberg Law
The attorneys at Lemberg Law represent consumers in Fair Debt Collection Practices Act, Telephone Consumer Protection Act, and lemon law cases, among others. Sergei Lemberg can brief you about the Telephone Consumer Protection Act, remedies available to consumers who are victims of spam text messages, and other relevant issues.

For more information, contact:
Sergei Lemberg
Lemberg Law
http://www.LembergLaw.com

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Sergei Lemberg
Lemberg & Associates
203-653-2250 Ext: 5500
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