T-Mobile in ‘Plain Violation’ of TCPA By Ignoring Text Message Opt-Out Requests

T-Mobile is waging a telemarketing campaign in which it sends text messages marketing its services to numbers on the national do not call registry, in “plain violation” of the Telephone Consumer Protection Act, alleged Rudy Sepulveda’s class action Tuesday in U.S. District Court for Western Washington in Seattle. The Torrance, California, resident opted out of text messages from T-Mobile on Jan. 24 by replying “stop” to one of its text message solicitations, said the complaint. Yet the carrier and its agents, in direct violation of the TCPA, “contacted and continue to contact individuals,” including Sepulveda, “who have requested that contact cease,” it said. The defendant received at least 10 T-Mobile text solicitations between Feb. 1 and April 9, after he requested that T-Mobile no longer contact him with those messages, it said. T-Mobile, or someone acting on its behalf, violated Sepulveda’s privacy by sending those unwanted telemarketing text messages, “and they constitute a nuisance as they are annoying and harassing,” it said.