Supreme Court Rules Spam Text Messaging Class Action to Proceed

Santa Clara, CAThe US Supreme Court has ruled that a case against an advertising firm accused of sending unsolicited text messages on behalf of the US Navy, which is a violation of the Telephone Consumer protection Act (TCPA), can proceed. The lawsuit was filed by lead plaintiff Jose Gomez against Campbell-Ewald, a subsidiary of the Interpublic Group of Companies Inc. The US Navy is not named in the lawsuit.

According to court documents, the US Navy text messages read "Destined for something big? Do it in the Navy." They were sent to about 100,000 people as part of a recruitment drive. The defendant did make a settlement offer to the plaintiff of $1,500 for each violation of the TCPA, which Gomez refused. Campbell-Ewald then appealed the case, however, in 2014 the appeals court ruled the case could move forward.

As a result of the 6-3 Supreme Court decision, Campbell-Ewald will now face claims the company violated a federal consumer law by sending unsolicited text messages on behalf of the U.S. Navy.

The case is Campbell-Ewald v. Gomez, U.S. Supreme Court, No. 14-857.