Alleged ExxonMobil Spam Texts Trigger Class Action Lawsuit

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ExxonMobil Oil Corporation faces a proposed class action lawsuit filed by a Florida resident who claims to have received automated text messages from the company without first providing her consent.

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The 14-page lawsuit says the company sent the plaintiff automated texts soliciting its services beginning in July 2021 and likely sent similar messages to other Florida consumers. According to the case, the text messages at issue are considered “telephonic sales calls” under the Florida Telephone Solicitation Act (FTSA), which prohibits companies from making automated sales calls or sending texts to consumers without obtaining prior written consent.

In late August 2022, for instance, the plaintiff received a text from the defendant that read, “Exxon Mobil Rewards+: Earn 4X points on your next fill-up! Offer valid 8/23-8/27. Terms: http://a2w.mobi/sy/i2KjW,” the complaint relays.

As the suit tells it, ExxonMobil sent the text messages using predictive software that “automatically selected and dialed” the plaintiff’s cell phone number and the other numbers to which the company purportedly sent comparable messages.

The plaintiff claims that she never authorized ExxonMobil to send her automated messages, a requirement under the FTSA, and she feels the unlawful texts were an invasion of privacy.

The lawsuit looks to represent anyone residing in Florida who has received automated telephonic sales calls or text messages from ExxonMobil at any time since July 1, 2021.

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