In a case that was first mentioned by TCPAWorld.com, Twilio Inc., a prominent cloud communications company, is facing a class action lawsuit filed in the District Court for the Northern District of California. The complaint accuses Twilio of violating the Telephone Consumer Protection Act (TCPA) by initiating hundreds of unsolicited robocalls and text messages to Anthony’s cell phone, which was registered on the Do Not Call Registry.
Claims
The lawsuit centers on Twilio’s alleged role in originating illegal robocall traffic and transmitting unlawful text messages. Despite numerous notifications from the plaintiff, Twilio purportedly continued to send automated messages and calls without consent, using phone numbers registered to the company. These communications, which solicited various services, were allegedly sent through Twilio’s cloud-based platform, which automates the transmission of text messages and calls en masse.
The complaint details several key allegations against Twilio:
- Illegal Robocalls and Text Messages: Twilio is accused of making hundreds of calls and sending numerous text messages to the plaintiff’s cell phone in violation of the TCPA. The company allegedly used automated systems to send these communications without obtaining prior express consent from the recipient.
- Failure to Honor Do Not Call Registry: Despite the plaintiff’s phone number being registered on the Do Not Call Registry and repeated requests to stop the calls, Twilio allegedly ignored these notifications and continued its unsolicited communication practices.
- Misrepresentation of Affiliation: The complaint also highlights instances where Twilio’s messages falsely implied affiliations with legitimate businesses, adding to the deceptive nature of the communications.
- Involvement in Telemarketing Practices: Twilio’s automated platform, which enables the sending of bulk messages and calls, was central to the company’s alleged telemarketing practices. The plaintiff asserts that Twilio’s system automatically generates and dials numbers, constructs the messages, and sends them, making Twilio directly responsible for the TCPA violations.
- Knowledge and Willful Conduct: The lawsuit claims that Twilio was fully aware of the illegal activities and did nothing to stop them, thereby acting knowingly and willfully in violation of the TCPA. The plaintiff allegedly communicated with an attorney and paralegal at the company and asked them to stop communicating with him.
The plaintiff seeks statutory damages, equitable relief to halt Twilio’s illegal conduct, and compensation for the invasion of privacy, harassment, and disruption caused by the unsolicited communications.