Nationwide Class Action Case Serves As a Warning to Companies Sending Out Spam

Bitcoin Depot, the owner of cryptocurrency ATMs, has been accused of violating the Telephone Consumer Protection Act (TCPA) due to sending out spam texts to people who have used their ATMs. As a result, the company has recently been hit with a putative nationwide class action in the Federal Court in Miami.

Legal expert from Shamis & Gentile, Managing Partner Andrew Shamis, explains that the TCPA restricts telemarketing and the use of automated telephone equipment, thus limiting the use of automatic dialing systems, prerecorded voice messages, text messages, and faxes.

“The TCPA has impacted virtually every sector. Companies who continue to send unwanted messages and recordings to customers will continue to face charges. Unlike other types of consumer protection regulations, there is not a limit on the recoverable damages for plaintiffs. If people have been receiving digital communications that violate the TCPA, they have every right to contact a personal injury attorney to pursue the case. There is a four-year statute of limitations that applies and I predict we will see an increasing number of these types of cases in the future,” says Managing Partner Andrew Shamis.

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Bitcoin Depot operates over 125 ATMs in 15 states. According to its website, it provides a safe and easy way for people to buy and sell bitcoin through its ATMs. In the Bitcoin Depot case, plaintiff Philip Dunleavey says that he entered his phone number into one of the ATMs to make a bitcoin deposit. Dunleavey says he never completed the transaction because he only had $70 worth of bitcoin and there was a $100 minimum requirement for a deposit.

Dunleavey says that Bitcoin Depot sent telemarketing texts even though he did not give his permission to receive digital communications from the company. He claims the texts invaded his privacy and caused aggravation, annoyance, intrusion on seclusion, trespass and conversion, and also inconvenienced him and disrupted his daily life. He has made a two-count complaint and is seeking an injunction as well as statutory damages. Dunleavey also wants a certification of a class of all persons in America who received similar messages from Bitcoin Depot in the past four years without giving their express written consent.

“The class can number in the tens of thousands, if not more. This case serves as a stern warning to companies who continue to send out telemarketing messages without consent, and it can also serve as an example of what can be achieved when citizens decide to take action against TCPA violations. You have the right to go about your day without having to deal with unwelcome and incessant marketing messages from companies. Get in touch with a personal injury lawyer if your privacy boundaries have been overstepped by a company,” concludes Managing Partner Andrew Shamis.


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