One Technologies Hit with Class Action Over Credit Score Text Message Ads
by Erin Shaak
Johnson v. One Technologies, LLC
Filed: October 14, 2020 ◆§ 3:20-cv-02017
One Technologies sent unsolicited text message advertisements to consumers without securing prior express written consent to do so, a class action alleges.
One Technologies, LLC sent unsolicited text message advertisements to consumers without securing prior express written consent to do so, a proposed class action alleges.
According to the case, the lead generation company, in an “overzealous attempt” to market its partner sites, has repeatedly sent unsolicited automated text messages to consumers in violation of the Telephone Consumer Protection Act (TCPA).
The plaintiff, whose number has been registered with the National Do Not Call Registry since November 2014, says he has received from One Technologies over the past four years numerous text messages that included an advertisement regarding his credit score and a hyperlink.
Upon clicking the link, the plaintiff was redirected to a website that warned him that he may be affected by the Equifax data breach and instructed him to click on another link that led to one of the defendant’s many partner websites, including freescore360.com and ScoreSense, according to the case. Ultimately, the link trail laid by the defendant in its marketing texts led back to One Technologies, the suit alleges.
“Upon information and belief, Defendant directs and arranges for these automated messages to be sent to the Plaintiff by various shell companies, which messages all ultimately direct the recipient back to sites owned and controlled by the Defendant,” the complaint avers.
The plaintiff says he’s received from the defendant more than 15 texts, none of which were sent with his prior express consent and all of which utilized an automatic telephone dialing system (ATDS), over the past several months.
According to the case, the TCPA stipulates that an ATDS may not be used to send non-emergency telemarketing messages unless the sender obtains the recipients’ prior express written consent to be contacted.
The lawsuit proposes to cover anyone in the U.S. who, within the past for years, received to their cell phone a text message from or on behalf of One Technologies that was sent without their consent using an automatic telephone dialing system.
The case also proposes a class consisting of anyone in the U.S. whose phone number was registered on the National Do Not Call Registry and received more than one text to their cell phone from or on behalf of One Technologies where the defendant’s records fail to indicate that the individual provided prior express written consent to receive such a text.
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