Exxon Mobil Faces Lawsuit After Accusations of Sending Spam Text Messages Despite Requests to Stop
An Exxon Mobil Class Action was filed, accusing the company of sending several telemarketing text messages even after consumers requested to stop receiving them.
The Exxon Class Action Lawsuit claims that the gas and oil conglomerate has violated the Telephone Consumer Protection Act (TCPA) by disrupting the lives of thousands of consumers with their promotional text messages that were sent to the consumers’ cell phones without securing their prior express consent. The lawsuit stresses that the “TCPA exists to prevent communications like the ones described within this complaint, and to protect the privacy of citizens”.
This case is filed under the name: Centi v. Exxon Mobil Corporation (0:20-cv-61779), S.D. FLA.
Have you similarly experienced what was alleged in the lawsuit? Contact us today to see if you qualify to join the class action lawsuit.
Facts from the Exxon Mobil Class Action Lawsuit
The Exxon Mobil Class Action Lawsuit alleges that “offers “that are part of an overall marketing campaign to sell property, goods, or services constitute” telemarketing under the TCPA. ‘Telemarketing’ occurs when the context of a call indicates that it was initiated and transmitted to a person for the purpose of promoting property, goods, or services. The FCC has issued rulings and clarified that consumers are entitled to the same consent-based protections for text messages as they are for calls to wireless numbers. As recently held by the United States Court of Appeals for the Ninth Circuit: “Unsolicited telemarketing phone calls or text messages, by their nature, invade the privacy and disturb the solitude of their recipients. A plaintiff alleging a violation under the TCPA ‘need not allege any additional harm beyond the one Congress has identified.’”
Exxon Mobil sent telemarketing text messages to Plaintiff’s cellular telephone number ending in 2460. Plaintiff responded with the word “Stop” in an attempt to opt-out of any further text communication with the defendant. Despite Plaintiff’s use of Defendant’s preferred opt-out language, the defendant ignored Plaintiff’s opt-out demand and sent Plaintiff subsequent promotional text messages. Defendant’s text messages constitute telemarketing because they encouraged the future purchase or investment in property, goods, or services, i.e., prompting Plaintiff to create an account to earn and redeem “EM Rewards+ points” to encourage return business with Defendant. The information contained in the text message advertises Defendant’s “EM rewards+ points”, which Defendant sends to promote its business. Defendant’s unsolicited text messages caused Plaintiff actual harm, including invasion of his privacy, aggravation, annoyance, intrusion on seclusion, trespass, and conversion. Defendant’s text messages also inconvenienced the Plaintiff and caused disruption to his daily life.”
Editor’s note on the Exxon Mobil Class Action Lawsuit:
This piece is written about the recent Exxon Mobil Lawsuit. If you are considered eligible to be among the class of consumers described in the class action, you may eventually be able to participate in receiving any compensation the court may award.
If you believe that what is alleged in the Exxon Mobil Class Action has affected you, please don’t hesitate to reach out to us.
We’d be happy to help you take a step in the right direction, fight this issue, and better enable you to join in on any potential consumer class action. If interested, please send an email to Outreach@ConsiderTheConsumer.com, find us on Twitter or Facebook, or even connect with us directly on our website! We look forward to hearing from you all.
Similarly, please check out our current list of Class Actions and Class Action Investigations, here.
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