Class Action Filed Against Everalbum over Robotexts

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A class action out of Florida claims Everalbum, Inc.—the cloud storage service that makes a photo-sharing and backup service app (“Ever App”) for both Apple and Android devices—ran afoul of the Telephone Consumer Protection Act (TCPA). According to the case, the defendant’s app can access all of the telephone numbers in a user’s phone so long as the user gives permission. If the user gives permission, the lawsuit says, the app automatically pre-selects every number in the user’s phone and then transmits them to the defendant’s automatic dialing system, which “causes that system to transmit a generic text message to the user’s contacts.”

The plaintiff claims that Ever App users are deceived into providing the company with their contact lists, a claim that the company seemingly backs up on its website by saying, in pertinent part, “. . .we send a one-time text message on your behalf to that referral.”