Court Refuses Dismissal in Coca Cola TCPA Spam-Text Messaging Case

A federal court in Alabama has refused to dismiss a class action accusing Coca Cola of text-spamming consumers in violation of the federal Telephone Consumer Protection Act. U.S. District Judge R. David Proctor held that plaintiff Wesley Phillips, who received Coke Zero promotional text messages after he responded to a football game scoreboard announcement to text his vote for his favorite team, stated a claim that Coca Cola violated the TCPA by sending him text messages without his express consent. In its decision, the Court relied on a 1992 FCC ruling holding that where a consumer’s telephone number is “captured” by a telemarketer rather than provided by the consumer, the consumer has not given permission to receive telephone calls or text messages.

The plaintiff is represented by John W. Barrett of Bailey & Glasser’s Charleston, West Virginia office, and David L. Selby II of Bailey & Glasser’s Birmingham, Alabama office.


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