With all the spam that companies tend to send out, it’s no wonder that most people carefully guard their telephone numbers. Many people, however, don’t think of the fact that they are giving their number to every person and company that they call or send text messages to. In a recent class-action lawsuit against MTV’s parent company, Viacom, plaintiffs allege that the company violated the Telephone Consumer Protection Act by sending promotional texts to people who voted in the 2011 Video Music Awards.
The lead plaintiff in the case, Erin Mock, voted in the 2011 Video Music Awards via text message and was allegedly bombarded with promotional text messages shortly thereafter. According to the lawsuit, one such message read “MTV: ‘Jersey Shore’ sneak peek of tonight’s episode – why is Snooki lying in a bush? Watch”. Another said, “MTV: ‘Real World San Diego’ premieres Wednesday, Sept. 28 at 10/9c”.
The lawsuit alleges that, during the VMA solicitation for votes, viewers were never warned that, by voting, “they would be consenting to receipt of future text SPAM advertisements from Defendant and/or its subsidiaries and/or employees and/or agents”.
Mock further alleges that she sent a text message asking to stop receiving these text advertisements. She received a confirmation that the text messages would stop, but she allegedly received another such message (this one with a link to a “Real World” trailer) after she received her confirmation.
The lawsuit, filed in U.S. District Court in Tennessee, alleges that the “Plaintiff and the members of the Class and Sub-Class have all suffered irreparable harm as a result of the Defendant’s unlawful and wrongful conduct”. The suit is seeking $1,500 per alleged violation for each member of the class, as well as an injunctive relief against such conduct in the future.
Our Chicago class action lawyers have brought class action cases involving privacy violations, junk faxes, violations of the TCPA and unsolicited text message cases similar to the claims in this case. We are looking for new class actions to pursue involving unsolicited text messages and junk faxes sent out by large corporations and businesses. Contact us if you feel you have a claim at our toll free number (833) 306-4933 or filling out an online contact form.
Our Chicago class action lawyers handle individual and class action unfair debt collection and other consumer fraud cases that government agencies and public interest law firms such as the Illinois Attorney General may not pursue. By standing up to consumer fraud and consumer rip-offs, and in the right case filing consumer protection lawsuits and class-actions you too can help ensure that other consumers’ rights are protected.
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