TCPA action against Coca Cola survives motion to dismiss

Posted on: July 2nd, 2013 by Steve Larson

No spamFederal Judge Irma Gonzalez denied a motion to dismiss filed by Coca Cola Co. in connection with a class action complaint which accused the company of sending nationwide advertising texts to cellphones without consent in violation of the Telephone Consumer Protection Act (TCPA).    

Coke argued that the complaint failed to state claims under the TCPA since it did not contain exact dates, times, technical codes, cellphone numbers, and other details. In the alternative, Coke moved for a more definite statement on those details. 

The court denied Coca Cola’s motion to dismiss since the TCPA does not require any of the details sought by Coke.  The plaintiffs need only allege they received text messages to their cellphones from the defendant sent via an automatic dialer without their consent, the court said.  Since Coke did not challenge the intelligibility of the complaint, the court added, it is not entitled to a more definite statement.