FiveStars Loyalty Pegged with Lawsuit Over Unsolicited Texts

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A proposed class action filed in California claims digital marketing company FiveStars Loyalty, Inc. unlawfully sends unsolicited text message advertisements to consumers’ cell phones in violation of the Telephone Consumer Protection Act (TCPA). Of the defendant’s allegedly “misguided effort to promote its customers’ businesses,” the complaint contends FiveStars Loyalty, through “short codes,” sent generic text messages en masse to thousands of consumers regardless of whether the company had permission to do so.

“At no time did [the plaintiff] provide any consent, including any prior express written consent, to receive the above-referenced message or any other such wireless spam from [the defendant], its agents, or customers,” the lawsuit reads.