Green Dot Sent Unlawful Automated Text Messages to Consumers’ Cell Phones, Class Action Claims

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A proposed class action claims Green Dot Corporation has sent automated text messages to consumers’ cell phones without obtaining prior express consent to do so.

The case claims the robotexts violated the Telephone Consumer Protection Act (TCPA), a law that prohibits the use of automatic telephone dialing technology to send telemarketing messages unless the recipient has provided prior written consent to receive the texts.

The plaintiff, a North Carolina resident, says she received several telemarketing texts from the online and mobile bank throughout 2021 despite having never consented to receive them and repeatedly attempting to request that the texts cease.

Per the lawsuit, the plaintiff received from Green Dot the following text messages in February 2021:

The plaintiff claims to have no account or card with Green Dot and has never provided her cell phone number to the bank. According to the suit, the plaintiff called Green Dot to request that she no longer be contacted and was told her cell phone number “had been removed from the account” and that she would no longer receive text messages.

Despite Green Dot’s assurances, the plaintiff continued to receive automated text messages from the bank over the next few weeks and continued to attempt to opt out by replying “Stop” to the messages, the case says.

Per the lawsuit, the purpose of Green Dot’s messages was to promote and market the bank’s products, goods and services. A hyperlink included in the texts led to a website where the plaintiff was invited to “activate any new Green Dot card then direct deposit [her] federal or state tax refund and [make] two qualifying Direct Deposits of $500+ each by 6/30.21” to receive a $15 credit, the complaint relays.

The plaintiff says she never provided prior consent to receive the messages, and notes that her cell phone number has been listed on the National Do Not Call Registry since 2007.

The lawsuit alleges Green Dot has failed to implement policies, procedures and protocols to maintain an internal do-not-call list and unlawfully used automatic telephone dialing technology to send text messages to consumers without any human intervention.

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