This class action lawsuit claims that American Savings Bank violated the Telephone Consumer Protection Act (TCPA) by using an automatic telephone dialing system to send text messages to consumers without consent.
The TCPA was designed to prevent marketers and creditors from making telephone calls using an automatic telephone dialing system to consumers without prior express consent. An automatic telephone dialing is system is a program that has the ability to store or produce telephone numbers to be called using a random number generator and then dial those numbers. These calls are commonly referred to as “robocalls.” The TCPA was enacted by Congress to help protect the privacy of citizens who may not be able afford technology to prevent marketing calls.
One plaintiff in this lawsuit, Craig Moskowitz, is a resident of Connecticut. On June 2, June 22, July 1, and July 3, 2016, American Savings Bank sent text messages to Moskowitz’s cell phone. Prior to receiving these messages, Moskowitz had no contact or dealings with the bank. The messages sent to him were generic, impersonal, and aimed at a mass audience, likely for marketing purposes. Three of the messages read: “ASB Hawaii Mobile Reply STOP to cancel alerts. Call 800.272.2566 or go to www.ASBhawaii.com. Msg freq depends on account settings. Msg&data rates may apply.” The other text message was similar to the one above.
Moskowitz is not alone in receiving these messages from American Savings Bank. Over the last four years, the bank has made thousands of text messages to cell phones across the United States using an automatic capable dialing system without consent.
Based on the facts of the case, the plaintiffs in this lawsuit allege that American Savings Bank violated the TCPA by using an automatic dialing system to send unsolicited text messages to consumers without consent.