This lawsuit alleges that iCard Gift Card sent unsolicited text messages promoting pre-paid gift cards to consumers’ cell phones without express consent from those consumers.
iCard Gift Cards offers merchants the ability to offer consumers gift cards. The class action lawsuit alleges that beginning in 2015, and continuing for weeks if not months, iCard Gift Cards and its agents caused the mass transmissions of wireless spam text messages to the cell phones of individuals it hoped were potential purchasers of its gift cards.
The plaintiff received such a text message in July, 2015, The “from” field of the transmission was identified cryptically as “313131,” which is an abbreviated telephone number known as an SMS short code operated by iCard Gift Cards and/or its agents.
The body of such text message read:
Do you have an iPhone? Download the new iCard Gift Card app in the App Store and save 10% on your gift card purchase. Enter promo code: APP10
At no time did Plaintiff provide consent, including any written consent, to receive the above referenced message or any other such wireless spam from Defendant, its agents, or
In 2015 it is simply a violation of federal law for businesses to send marketing-related text messages to consumers without express consent from the consumer.
This appears to be a garden-variety spam text message case. We will update the case in early October, 2015.