United States:
Ride Sharing App Lyft Hit With TCPA Claim Based On Marketing Partner
23 November 2017
Reed Smith
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Lyft, Inc. was hit with a putative class action under the
Telephone Consumer Protection Act ("TCPA") this month.
The plaintiffs allege that Lyft is liable for text messages sent by
Jobcase, Inc., Lyft's marketing agency. Notably, the plaintiffs
believe that Jobcase sent text messages to prospective drivers on
behalf of Lyft, including "Maria, START NOW: Drive with Lyft,
up to $1500/wk. Click to Apply!" Lyft compensates Jobcase
based on the number of potential drivers that access Lyft's
website through a unique URL, according to the complaint.
Takeaway: Advertisers that hire agencies to
perform text message campaigns on their behalf should investigate
how the messages are sent and ensure that provisions within the
agreement adequately shift liability to the agency.
This article is presented for informational purposes only
and is not intended to constitute legal advice.
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