Class Action Claims Nexxt, Inc. Sent Unlawful Text Messages Without Permission

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A proposed class action lawsuit claims employment agency Nexxt, Inc. has sent automated text messages to consumers’ cell phones without securing prior express consent to do so.

Filed by a California resident and the individual who pays his cell phone bill, the 20-page lawsuit claims the first plaintiff received at least eight text messages from Nexxt between September 2019 and July 2020 that were substantially similar to the following:

“New job match for Business Intelligence in 91101. Click here to view http://work3.net/l/jrm1u.”

According to the case, the plaintiffs have never done business with Nexxt and did not consent to receive any calls or text messages from the company, which purports to connect recruiters with job seekers.

The lawsuit argues that based on the impersonal nature of the messages, and the fact that they begin the same way and were sent around the same time of day, Nexxt used an automatic telephone dialing system (ATDS) to send the communications. The case speculates that Nexxt operates a call center where “large numbers of telemarketing calls and text message calls” are placed using automated equipment with the capacity to store or produce telephone numbers using a random or sequential number generator and then dial those numbers.

According to the lawsuit, the federal Telephone Consumer Protection Act was enacted to protect consumers from unsolicited telemarketing calls and texts “exactly like those alleged in this case.” Under the TCPA, entities are prohibited from using an ATDS to place non-emergency telemarketing calls without first securing the a recipient’s express written consent.

The lawsuit alleges Nexxt either negligently or willfully violated the TCPA by sending the texts at issue without the consent of the plaintiffs or proposed class members.

“The text message calls were made to consumers who never requested to receive them, never engaged in any interaction with Defendants and are made on a repeat basis without consent,” the complaint alleges.

The suit seeks to represent a proposed class of similarly situated individuals who, within the last four years, received a text message sent by or on behalf of Nexxt, Inc. using an automated dialer.

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