Recently, Uber filed a motion in court for the alleged TCPA violation, they are facing for sending spam through text messages. These messages were sent to all their past drivers, current drivers, and referral drivers. All of their current, past and prospective drivers claim even after they opted out of these messages they continued to get them. The referral drivers claim they had not signed up at all for employment with Uber, nor given their consent for the text messages. Uber states in the appeal that none of the Plaintiff’s had properly opt out for more text messaging by following the opt out instructions, by texting back the word “STOP”. Uber claims this was the only way to opt out and withdraw consent was by texting “STOP”, while some of the plaintiffs had responded back improperly, that is why the text messages continued. Uber states only the word “STOP” would have withdrawn their prior consent to receive future text messages. For the second class of plaintiffs prospective drivers, Uber Technologies Inc. appealed in California court claiming that other drivers had given them their phone numbers and that these were not considered telemarketing messages since they did not initiate the calls and that they were referrals from their friends. Ubers claims that these referral’s had agreed to the messaging by not properly opting out of receiving notifications from Uber by responding with the “STOP” message. Uber claims that each class of Plaintiff had given consent to be contacted by Uber but failed to properly opt out of the notifications. Because the drivers did not properly opt out Uber is denying any occurrence of an alleged TCPA Violation
The original lawsuit against Uber filed in December 2014 was dismissed claiming that the calls were not a violation of the TCPA and were not consider telemarketing. At this time the allegations regarding the plaintiffs consent to receive the text messages was still open for further investigation. Judge Tigar denied Uber’s request to delay the lawsuit so this class action will move forward. If you feel Uber has violated your rights, please Contact Us and provide any details along with contact information. If you prefer to leave a voicemail you can call 1.858.236.9020. GetClassActionMoney.com can then forward these requests to our network of attorneys that may contact you if a Class Action Lawsuit is to be pursued. In addition make sure you Subscribe to our mailing list to receive important updates regarding class action news and open cases.