Lawsuit: US Coachways Sends Illegal Text Advertisements

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US Coachways, Inc. is once again facing claims that it violated the Telephone Consumer Protection Act (TCPA) by sending unsolicited text message advertisements to consumers’ cell phones. The plaintiff says she provided her cell phone number to the defendant when she signed up for a round-trip charter to Key West in April 2016. According to the complaint, she filled out the following online form:

Under the terms of the form, the suit argues, the plaintiff provided her number “for the sole purpose of receiving notifications and information” about her trip. In fact, the defendant clearly stated it would not use her information “for any other purpose,” the complaint continues.

Nevertheless, the plaintiff says she received text message advertisements from US Coachways on February 6, 2017, May 1, 2017, and August 7, 2017 containing the following text:

“USCOACH: Download USC App $25OFF Promo ‘uscapp’ http://usc.am/iPhone or http://usc.am/Android. Text Stop to stop or Help for help. Msg&data rates apply.”

The suit claims the plaintiff never consented to receive these advertisements, rendering the texts illegal under the TCPA. It further notes that US Coachways “is no stranger to the TCPA” and cites a judgment against the company from March 2016 that required it to pay over $49 million to resolve similar claims.