Two California Residents Sue Twitter for Unsolicited Text Messages

Paul Lilly

We don't run a feature called "Quirky Lawsuit of the Month," but if we did, two California residents who decided to sue Twitter for sending an SMS notification after they withdrew their consent would be a shoe in. Hear us out on this one. It's not that we have a problem with punishing companies that blatantly ignore opt-out requests, but that isn't what happened here.

What Drew Moss and Sahar Maleksaeedi are purportedly peeved about is that Twitter sent a confirmation SMS to their mobile phones after they sent a 'STOP' command to the microblogging service, TechCrunch reports. As these two gentlemen see it, receiving a confirmation text after telling Twitter they no longer wish to engage in text messaging is a violation of the Telephone Consumer Protection Act of 1991. Here's how it's worded in the lawsuit:

"At some point Plaintiffs decided that they no longer wanted to receive text message notifications on their cellular telephone from Defendant.

"Plaintiffs then responded to Defendant’s last text message notification by replying 'stop,' as instructed by Twitter.

"At this point, Plaintiffs withdrew any express or implied consent to receive text message notification to their cellular telephone that they may have previous given Twitter.

"In response to receiving this revocation of consent, Defendant then immediately sent another, unsolicited, confirmatory text message to Plaintiffs’ cellular telephones."

Sounds like a load of bull, but to be fair, here's the other side of the story. Moss and Maleksaeedi claim Twitter used an "automatic telephone dialing system" to deliver the message, and as a result they incurred a charge for incoming calls. Since the message wasn't sent for emergency purposes and they had previously withdrawn their consent, the two men claim what Twitter did was illegal and seek up to $1,500 in damages for each call.

Grab your gavel and give us a ruling on this case in the comments section below.

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