The lawsuit alleges that Yahoo violated the Telephone Consumer Protection Act (“TCPA”) by using an automatic telephone dialing system to send the “Welcome” text message to cellphone numbers without first obtaining consent to send the text message. The TCPA provides $500 per violation and up to $1,500 if the violation is willful (intentional). The plaintiff claims that this text message violates the TCPA, which prohibits the use of an “automatic telephone dialing system” to send text messages without the “prior express consent” of the called party. Yahoo says that the “Welcome” text message did not violate the TCPA. Yahoo also denies using an “automatic telephone dialing system” and claims that some of the potential class members may have provided “prior express consent.”
The Court has certified the following Class:
"All persons within the United States to whose cellular telephone number Yahoo! sent the Welcome Message during the period commencing March 1, 2013 through March 31, 2013, while such cellular number was assigned to Sprint, and whose cellular telephone number is not associated with a Yahoo! user in Yahoo!’s records.”
To be a Class Member, you must have been the user of the cell phone number that was sent the "Welcome" text message. If your number was serviced by a company other than Sprint, you may still be a Class Member if your number was assigned to the Sprint network. If you fit within the above class definition, your legal rights and options in this matter are outlined below:
|YOUR RIGHTS AND OPTIONS IN THIS LAWSUIT|
Stay in this lawsuit. Await the outcome. Give up certain rights.
By doing nothing, you keep the possibility of getting money or benefits that may come from a trial or a settlement. But, you give up any rights to sue Yahoo separately about the "Welcome" text message claims made in this lawsuit.
ASK TO BE EXCLUDED
Get out of this lawsuit. Get no benefits from it. Keep rights.
If you ask to be excluded and money or benefits are later awarded, you won't share in those. But, you keep any rights to sue Yahoo separately about the "Welcome" text message claims made in this lawsuit.