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Facebook sued over birthday reminder texts

Legal Newsline, October 13, 2017

By: Jenie Mallari-Torres

A California consumer has filed a class action lawsuit against Facebook over allegations it sent text messages without his consent.

James Meyers filed a complaint on behalf of himself and all others similarly situated on Oct. 3 in the U.S. District Court for the Central District of California against Facebook Inc. alleging violation of the Telephone Consumer Protection Act.

According to the complaint, the plaintiff alleges that Facebook sent unauthorized text messages regarding birthday acknowledgements or announcements without users' consent. He alleges that he received a text on June 14, 2016.

He alleges that the defendant has caused actual, concrete harm because individuals have suffered an invasion of their privacy and lost use of their cellphone.

The plaintiffs hold Facebook Inc. responsible because the defendant allegedly engaged in an unlawful practice of using an autodialer to send messages to recipients and without prior express consent to send the unsolicited text messages.

The plaintiffs request a trial by jury and seek judgment against defendant, injunctive relief $500 in statutory damages for each and every text message received, $1,500 in treble damages for each and every text message that violated the TCPA and an order certifying action as a proper class action. He is represented by L. Timothy Fisher of Bursor & Fisher PA in Walnut Creek, California; Scott A. Bursor of Bursor & Fisher PA in New York and Reuben D. Nathan of Nathan & Associates APC in San Diego.

U.S. District Court for the Central District of California case number 5:17-cv-02029