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Microsoft Facing Spam Text Messaging Class Action Lawsuit


San Francisco, CA: Microsoft Corp is facing a Telephone Consumer Protection Act (TCPA) class action lawsuit alleging the software company used deceptive social media posts to collect consumer information, specifically phone numbers. The company then used those phone numbers to send spam text message advertisements to those consumers, the lawsuit claims. The lawsuit contends that Microsoft has violated the Telephone Consumer Protection Act and California's Unfair Competition Law.

Filed in California federal court, the lawsuit asserts that Microsoft worked in conjunction HelloWorld Inc., a marketing company, and utilized social media networks including Facebook, Instagram and Twitter to post ads inviting consumers to send text messages to a promotional phone number in exchange for a chance to win Microsoft products or receive exclusive news from the company.

The lawsuit contends that once consumers had provided their phone numbers, they would begin receiving Microsoft text message ads, which they were not informed would happen in the social media posts.

"Instead of obtaining express written consent prior to sending repeated text message solicitations, Microsoft lures potential customers to provide their mobile phone numbers in response to misleading The complaint seeks to represent a nationwide class of consumers and requests relief from both HelloWorld and Microsoft, citing a June 2015 Federal Communications Commission order that stipulates "that even self-styled 'legitimate' businesses cannot be shielded from liability where they utilize unlawful text messaging programs."

The plaintiffs are seeking an injunction preventing Microsoft and HelloWorld from engaging in further text message advertising, as well as actual damages for the named plaintiffs. They seek statutory damages for the putative class in the amount of $500 to $1,500 for each unconsented text message.

The plaintiffs are represented by Daniel P. Hipskind, Dorian S. Berger, Matt Olavi and Brian J. Dunne, all of Olavi Dunne LLP. The case is Pietzak et al. v. Microsoft Corporation et al., case number 2:15-cv-05527, in the US District Court for the Central District of California.



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Published on Jul-23-15


READER COMMENTS

Posted by
EverardoRubio rubio
on
My family received annoying spam text text messages via various social media accounts.

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