Yahoo Text Service May Fall Foul of TCPA Rules

Rafael David Sherman‘s no stranger to class action lawsuits, having led the charge against Kaiser after they sent him automated phone messages. In that lawsuit, Sherman called upon the Telephone Consumer Protection Act, alleging that calls sent after he had opted out of receiving such communications violated rules and qualified him, along with others, to launch a class action case against the company.

The TCPA requires that a company have explicit consent from a consumer before messaging or auto-dialing.

It seems the world doesn’t learn, and now Yahoo is being accused of sending unsolicited text messages to Sherman’s phone – and has prompted a new class action.

According to the suit, Sherman received a text from Yahoo! in January 2013, letting him know that another Yahoo! user had messaged him. The text included options to request more information. A second text followed, containing the user’s message. Sherman alleges that at no point had he signed up for a service from Yahoo!, or received previous texts. The TCPA requires that a company have explicit consent from a consumer before messaging or auto-dialing. It also lays down clear options to cancel such services, and imposes a $1,500 fine for each violation.

TCPA violation cases have increased in recent years as regulations, originally designed to cover faxing and voice calls, were expanded to encompass modern communication. For a more comprehensive guide to TCPA rules and the consequences companies face, please click here.