Recruitment methods end in court for US Navy contractor
23 September 2014
A recruitment method in which unsolicited text messages were sent to phone users has landed a US Navy contractor in hot water, California-based Courthouse News Service has reported.
Tue, 23 Sep 2014
A recruitment method in which unsolicited text messages were sent to phone users has landed a US Navy contractor in hot water, California-based Courthouse News Service has reported.
A three-judge panel in the appeals court has overturned an earlier decision which found in favour of the contractor and instead said it may be liable for violations of the Telephone Consumer Protection Act.
A Californian Central District court originally heard the marketing contractor, Campbell-Ewald Company, hired a third party, Mindmatics, to send the messages to thousands of mobile phones.
Lead plaintiff Jose Gomez filed a class action lawsuit after receiving a text message on 11 May, 2006.
It read: “Destined for something big? Do it in the Navy. Get a career. An education. And a chance to serve a greater cause. For a FREE Navy video call [number].”
The marketing company and the navy had agreed to send the message to people aged 18 to 24 and only those who had opted in.
Gomez, however, is aged 40 and did not consent to receiving the message.
District court Judge Dolly Gee found in favour of Campbell-Ewald on the basis of immunity because it was working at the Navy's direction to implement the text message recruitment campaign.
However, the appeals court, the 9th Circuit, determined Gee had wrongly applied the precedent.
It also found that Campbell-Ewald may be held vicariously liable for the Telephone Consumer Act violations and remanded the case for further proceedings.
A recruitment method in which unsolicited text messages were sent to phone users has landed a US Navy contractor in hot water, California-based Courthouse News Service has reported.
A three-judge panel in the appeals court has overturned an earlier decision which found in favour of the contractor and instead said it may be liable for violations of the Telephone Consumer Protection Act.
A Californian Central District court originally heard the marketing contractor, Campbell-Ewald Company, hired a third party, Mindmatics, to send the messages to thousands of mobile phones.
Lead plaintiff Jose Gomez filed a class action lawsuit after receiving a text message on 11 May, 2006.
It read: “Destined for something big? Do it in the Navy. Get a career. An education. And a chance to serve a greater cause. For a FREE Navy video call [number].”
The marketing company and the navy had agreed to send the message to people aged 18 to 24 and only those who had opted in.
Gomez, however, is aged 40 and did not consent to receiving the message.
District court Judge Dolly Gee found in favour of Campbell-Ewald on the basis of immunity because it was working at the Navy's direction to implement the text message recruitment campaign.
However, the appeals court, the 9th Circuit, determined Gee had wrongly applied the precedent.
It also found that Campbell-Ewald may be held vicariously liable for the Telephone Consumer Act violations and remanded the case for further proceedings.
