The case is about unsolicited text messages that allegedly violate federal telemarketing and Massachusetts consumer protection law.
A text from hangtime is below:
The Hangtime TCPA Class action complaint (PDF) asserts:
– In a misguided effort to promote its mobile application or “app,” Hangtime engages in an invasive and unlawful form of marketing: the unauthorized transmission of advertising in the form of “text message” calls to the cellular telephones of consumers throughout the nation.
– By effectuating these unauthorized text message calls (“wireless spam”), Hangtime has violated consumers’ statutory rights and has caused consumers actual harm, not only because consumers were subjected to the aggravation that necessarily accompanies wireless spam, but also because consumers frequently have to pay their cell phone service providers for the receipt of such wireless spam.
– In order to redress these injuries, Plaintiff, on behalf of himself and a nationwide class of similarly situated individuals, and a Massachusetts subclass, brings action under the Telephone Consumer Protection Act, 47 U.S.C. § 227, et seq. (“47 U.S.C. § 227”) (the “TCPA”), which prohibits unsolicited voice and text calls to cell phones, and the Massachusetts Consumer Protection Act, M.G.L. c. 93A, which prohibits unfair or deceptive acts or practices.
– Unlike more conventional advertisements, wireless spam invades privacy and can actually cost its recipients money, because cell phone users like Plaintiff must frequently either pay their respective wireless service providers for each text message call they receive or incur a usage allocation deduction to their text plan, regardless of whether or not the message is authorized.
– Over the course of an extended period beginning in at least 2013, Hangtime and its agents directed the mass transmission of wireless spam to the cell phones nationwide of what they hoped were potential customers of Hangtime’s social networking services.
– For instance, on or about December 29, 2013, Plaintiff’s cell phone rang, indicating that a text call was being received.
– The “from” field of the transmission was identified cryptically as “14158153107,” which is a special purpose telephone number known as a long code operated by Hangtime and its agents. The body of such text message read:
Mikey Leftside shared events with you on Hangtime. http://hangti.me/XiEpF6mLKc
– Hangtime’s and its agents’ use of a long code enabled Hangtime’s mass transmission of wireless spam to a list of cellular telephone numbers.
– Hangtime sent these messages using equipment with the capacity to store or produce telephone numbers to be called using a random or sequential number generator and to dial such numbers
– By use of these methods, Hangtime sent text messages that were the same or practically the same as the message sent to Plaintiff, referenced in Paragraph 15 above, to numerous cell phones throughout the country.
– These text messages, including the text message sent to Plaintiff did not originate from, nor were they created by, the individuals referenced in the messages (though the messages were intended and made to appear that way). Rather, the messages sent to Plaintiff and other class members originated from and were created by Hangtime as a promotional device for its service.