MyMixtapez Hit with California Woman’s Class Action Over Alleged Telemarketing Text Messages

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A California woman alleges in a proposed class action that the operators of the MyMixtapez app sent several automated text messages without first securing her express written consent to do so.

The lawsuit explains that while the hip-hop mixtape app is free to download, users can also purchase a premium membership that blocks advertisements and grants access to even more features. According to the case, the defendants attempted to promote the MyMixtapez app by engaging in a telemarketing campaign through which they used an automatic telephone dialing system to send non-emergency text messages without first obtaining recipients’ express consent. This practice, according to the case, is prohibited under the Telephone Consumer Protection Act (TCPA).

With regard to the plaintiff, the woman allegedly received at least three automated text messages (pictured below) despite never providing the defendants “any consent to send her text messages, much less prior express consent.”

The lawsuit looks to represent anyone in the U.S. who, during the past four years, received a text message to their cell phone from the defendants or anyone acting on their behalf using “the same equipment used to send messages to Plaintiff.”