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ARTICLE · 22 SEPTEMBER 2014

Federal Magistrate Recommends Dismissing TCPA Class Claims Against Coke

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In a TCPA putative class action, a Northern District of Alabama magistrate judge recommended dismissal of most of the plaintiff’s claims.

United StatesLitigation, Mediation & Arbitration
Casie Collignon
Casie Collignon
Justin Winquist
Justin Winquist
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Responding to an invitation to text can satisfy TCPA's Express Consent Requirement

In a Telephone Consumer Protection Act (TCPA) putative class action against Coca-Cola and its marketing agent, a Northern District of Alabama magistrate judge recommended dismissal on September 3, 2014 of most of the plaintiff's claims on grounds that the plaintiff gave Coca-Cola prior express consent to send text messages to his mobile phone.

The plaintiff alleged that he and the putative class members responded to a Coca-Cola scoreboard message at a college football game asking fans to "vote" for their favorite team using their mobile phones.  The plaintiff alleged that, after voting, he received a series of unsolicited text messages on his mobile phone.  Based on this, the plaintiff alleged that Coca-Cola unlawfully used an automated telephone dialing system ("ATDS") to text his mobile phone and that Coca-Cola unlawfully texted his mobile number in violation of the

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