Last week, an Illinois federal judge approved a $49.9 million settlement between US Coachways, a national charter bus and bus rental company, and a class of plaintiffs, represented by lead plaintiff James Bull for Telephone Consumer Protection Act (TCPA) violations. The class action alleged that US Coachways sent a “staggering” amount of text messages to 85,000 individual consumers’ cell phones in violation of the TCPA beginning back in 2011. The class alleged that US Coachways texted individuals who had booked trips in the past or those who simply requested a quote from them—over 391,459 text messages according to the court.
Because US Coachways is unable to satisfy the $49.9 million judgment itself, it has turned to its insurer to help pay the cost. US Coachways will assign its rights against its insurer and contribute $50,000 itself.
This is another example of the importance of compliance with the TCPA’s strict requirements, and the importance of obtaining and tracking consent before your business sends a marketing text message using autodialing technologies.