Plaintiff James Meyers contends that Facebook Inc. violated the Telephone Consumer Protection Act (TCPA) by sending unauthorized birthday reminder text messages to Facebook users. The Facebook Birthday Reminder Text Message Class Action Lawsuit was filed on 10/3/17 in the U.S. District Court for the Central District of California and James Meyers v. Facebook Inc.,.
According to Mr. Meyers Facebook violated the TCPA when they sent him a Birthday Reminder Text stating the following ““Today is [Facebook friend’s] birthday. Reply to post a wish on his timeline or reply with 1 to post ‘Happy Birthday!’”. The Plantiff alledeges that this text message violated the TCPA which requires express consent from the consumer before sending a text message to their cell phone. The text message was received by James Meyers on 6/14/16 and Meyers states he never provided consent to receive this text from Facebook.
According to the Facebook Birthday Reminder Text Message Class Action Lawsuit Facebook sends these messages to increase user engagement and increase its revenue.
The Facebook Birthday Reminder Text Message Class Action Lawsuit specifically states that “Facebook has caused actual concrete harm to Plaintiff and the Class members, because such individuals have been subjected to invasion of privacy, unwanted/intrusive text messages, have been required to pay cell phone service providers for unwanted text messages, lost use of their cell at the time of receiving the unwanted text message, wasted time on receipt of and reading of the unwanted text messages, and have been subjected to increased electricity charges from the receipt of unwanted text messages”
Plaintiff James Meyers is looking for $500 $500 in statutory damages for every text message that was sent by Facebook in violation of the TCPA and for an injunction requiring Facebook to stop sending these bothersome Birthday Reminder Text messages without gaining prior consent from the user.
The Facebook Birthday Reminder Text Message Class Action Lawsuit is listed as case number 5:17-cv-02029.
Plaintiff James Meyers will be represented by Reuben D. Nathan of Nathan & Associates APC and L. Timothy Fisher and Scott A. Bursor of Bursor & Fisher PA.