Welcome to Mobile Marketer. Skip directly to: main content, navigation, search box.
  • Email this
  • Print

Receive the latest articles for free. Click here to get the Mobile Marketer newsletters.

Twitter class action alleges MMA SMS standards violate TCPA

Google accused of sharing user data with app devel

Class-action suit alleges data misuse

Two California men have filed a class-action complaint against Twitter, alleging that the company violated the Telephone Consumer Protection Act by sending an SMS confirmation to confirm opt-out of future communications.

The plaintiffs, Drew Moss and Sahar Maleksaeedi, claim they had initially opted-in to receive messages from Twitter. The suit is based on the final message to confirm opt-out, which has been standard across the mobile industry.

“In the past few years, there have been a number of cases in which companies sent unsolicited text messages to consumers, and courts have ruled that those messages violated the TCPA,” said Gonzalo Mon, a partner at Kelley Drye & Warren LLP, Washington.

“The twist in this case is that the plaintiffs actually opted-in to receive messages from Twitter,” he said. “Later, the plaintiffs opted-out of receiving messages, and Twitter sent them one final message to confirm the opt-out request had been processed.

“According to the plaintiffs, this confirmation message violates the TCPA.”

Twitter is a Web site owned and operated by Twitter Inc. that offers a microblogging service, allowing its users to send and receive messages called tweets.  

The grey area
With more companies contacting consumers via an automated message to confirm opt out, this lawsuit impacts virtually all SMS campaigns.

Most agreements in the mobile space require companies to comply with the Mobile Marketing Association’s Consumer Best Practices Guidelines.

The guidelines require a company to send a confirmation message when a “stop” or any opt-out keywords are sent to the program.

Here is the message Twitter sends when consumers opt out of receiving further communications from the company

Violations of the TCPA have been flooding the news over the past few years. The Twentieth Century Fox class action lawsuit is most notable (see story).

However, the suit against Twitter marks the first time that a company is sued over the confirmation message sent to consumers upon opt-out.

The damages
The plaintiffs claim they incurred certain wireless charges or reduced data for which they had previously paid.

The plaintiffs are seeking an award of $500 in statutory damages for each and every violation of the act.

“Although companies can usually assume that complying with industry standard guidelines, such as the MMA Guidelines, means they will also be in compliance with the law, this lawsuit demonstrates that doing things right isn’t always a guarantee that plaintiffs’ attorneys won’t file a lawsuit in an attempt to force a settlement and payments,” Mr. Mon said.

“Companies should check with their counsel to determine whether they need to modify their practices in response to this lawsuit,” he said.

Click here to view the entire class-action lawsuit filing

Final Take
Mackenzie Allison is associate reporter at Mobile Marketer


Sign up to receive Mobile Marketer Daily. The premier mobile marketing publication. Free!

Related content: Legal/privacy, Twitter, lawsuit, MMA, SMS, TCPA

  • Trackback url: http://www.mobilemarketer.com/cms/trackback/9854-1
  • | Follow us on Twitter |

Comments on "Twitter class action alleges MMA SMS standards violate TCPA"

  1. Mauricio Ospina says:

    October 15, 2013 at 3:53pm

    TWITTER wouldn't be liable if it had followed MMA Guidelines by eliminating those "Reply w/ON and Reply w/STOP" and by adding the following text in that required final confirmation message: "... no more messages will be sent". The only only solution that the Best Practices give in the event the consumer did not meant to reply STOP or if changed his/her mind is to include a 1-800 number. Stop means Stop. The only way to repent to a Stop message is to Opt In again.
  2. Dave Simmins says:

    June 8, 2011 at 3:11pm

    Stop means stop. I fail to see where a "confirmation" message is necessary.
  3. Patrick Young says:

    May 3, 2011 at 11:34pm

    Stupid! There are so many things wrong in this complaint. Once the plaintiff opted in, 47 U.S.C. § 227 (TCPA) exempts them from any further protection. TCPA allows someone that receives an unsolicited message to request the sender to stop only if they have not given prior consent. TCPA requires a request to stop further messages must include the sender's phone number. It is doubtful that the opt-out request included the 40404 phone number. TCPA allows them to sue when they have received more than one violation in a 12 month period. If the confirmation messages could be considered a violation, it was only one message in a 12 month period. If the plaintiff was not charged by their mobile carrier specifically for the confirmation message, this further limits the plaintiff's protection and will make it difficult to demonstrate damages. The opt-out confirmation message may be considered as having been a acknowledgment message solicited by the opt-out request. It can easily be considered that the opt-out confirmation was sent within the period of consent to send messages. A person of reasonable intelligence would find this complaint to be licentious and Twitter should be awarded sanctions to defend this suit. In my humble opinion.
  4. Roger Rhoades says:

    May 3, 2011 at 8:42am

    Can SMTP messaging be part of the problem not accounted for? This is a perfect time to promote SMPP and do away with the SMTP freebie’s that is not regulated as strong.
please click here to download now!