Twitter Survives TCPA Text Messaging Class Action

A nationwide class action lawsuit filed in the United States District Court for the Northern District Court of California, alleging violations of the Telephone Consumer Protection Act ("TCPA") against Twitter, Inc. ("Twitter"), was recently voluntarily dismissed. The terms of the settlement leading to the dismissal are not publicly known.

What were the marketing practices that gave rise to the TCPA text messaging lawsuit? The TCPA text messaging complaint alleged that Twitter violated the TCPA by both: (i)

sending text messages to recycled phone numbers whose current subscribers had not consented to receive such text messages; and (ii) continuing to send text messages to recipients after they had requested to not be contacted again. Twitter is alleged to have aggressively sent bulk text messages several times per day encouraging recipients to interact with sponsored advertising tweets. As alleged, Twitter ignored opt-out requests, made it unreasonably difficult to