A potential class action lawsuit may hit Universal Pictures following a suit filed in a Florida federal court on Thursday.
Charlie Fitzgerald III is suing the studio for violating the Telephone Consumer Protection Act (TCPA), as he claims Universal sent him a text message without permission, according to The Hollywood Reporter.
Fitzgerald says that the text, which promotes the studio’s recent release “Warcraft” and includes a link to the film’s page on the ticket site Fandango, showed up on his phone though he never provided his number to Universal or gave his consent to text or call him.
The number used to send the text, Fitzgerald claims, is owned by Twilio, a cloud communications company that does mass marketing via text messages.
“Given the pervasive and prevalent usage of mass, mobile marketing that violates TCPA protections, as Defendant has done here, Twilio provides clients with warnings to not use their service to violate the TCPA,” states the complaint. “But, by sending unsolicited text messages without express consent and not pursuant to an ongoing emergency, Defendant did in fact use Twilio’s mass, mobile marketing capabilities to violate the TCPA.”
Fitzgerald is seeking $500 in statutory damages. The damages could go up to $1,500 if the violation is found to be willful, according to TCPA provisions.
“Warcraft,” based on the popular game, has done mixed business since opening in theatres. It’s earned over $300 million overseas, but the $160 million-budgeted blockbuster has only earned $45 million domestically to date.
Universal Pictures did not immediately respond to Business Insider’s request for comment.
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