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Box-n-Go Spam Text Message Class Action Lawsuit

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This class action lawsuit claims that Box-n-Go violated the Telephone Consumer Protection Act (TCPA) by sending unsolicited text messages to consumers’ cell phones without obtaining consent.

            The TCPA was enacted by Congress in 1991 to address certain practices thought to be an invasion of consumer privacy and a risk to public safety.  It prohibits making telemarketing calls using an artificial or prerecorded voice to residential telephones without prior consent and making any non-emergency call using an automatic telephone dialing system or an artificial or prerecorded voice to a wireless number without prior express consent.  An automatic telephone dialing system, or “autodialer,” is equipment or software that has the ability to dial random numbers or sequential numbers in a list.  The TCPA was later amended to include text messages.

            One plaintiff in this lawsuit, Adrian Bacon, is a resident of Orange County, California.  In late March 206, Box-n-Go sent a text message to Bacon’s cell phone in an attempt to market their services.  The original message came from what is believed to be an internet generated spoof number starting with the area code prefix (323).  The defendants used an “automated telephone dialing system” to send the message to Bacon’s phone.  Bacon believes that this number came from an autodialer and was sent to many other consumers across California and the country because the message appears to be scripted and generic and it indicates that it was sent through the use of some type of autodialing system by explicitly referencing “autodialed offers and texts.”

            The use of an autodialer to send mass text messages advertising services is expressly forbidden by the TCPA, yet it appears that Box-n-Go did just that.  Based on the facts of the case, the plaintiff alleges that Box-n-Go violated the TCPA by using an autodialer to send mass telemarketing texts .

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