Cases in Point: Gaza v. Auto Glass America, LLC

TCPA Compliance of Text Messages Reexamined

Back in August, we shared with you the results of Nelson vs. Receivables Outsourcing, LLC. In this case, it was determined by a court in New Jersey that a text message was not a third party disclosure. Now, we have another ruling regarding the compliance of text messages. This time, the case comes out of the Middle District of Florida.

The Background
  • Plaintiff provided his cellphone number to have his windshield replaced. 2 years after it was replaced, the plaintiff received 5 text messages containing the defendant’s phone number.
  • After googling the number that texted his phone (“332222”) he found it belonged to a “Textedly” website.
  • In a relatively straightforward claim, the plaintiff alleged that Auto Glass America sent text messages to his cellphone without his consent.
  • Auto Glass America filed for summary judgment, claiming the plaintiff failed to produce evidence that an ATDS was used.
The Decision
  • The defendant was awarded summary judgment.
  • While the defendant did use a platform that sent texts automatically, the Court determined there was sufficient human intervention in creating the list to uphold a claim of an ATDS.
  • According to Eric Troutman, the key pieces of human intervention considered in this case were:
    • The manual creation of a dialer list based on invoices and other documents held by Auto Glass America, LLC
    • The need to sign into the platform’s website to upload the curated spreadsheet
    • The requirement to select each number that would receive a corresponding message
    • Lastly, the platform was not authorized to randomly send text messages

Key Takeaway: In direct contradiction to Marks, this case focuses on the human intervention required before the messages were sent, and not at the time the messages were sent. 


Emily Faracca

Emily is the content creator at Arbeit. She is an aspiring gardener, enjoys bike rides through her neighborhood, and is a big fan of a good cocktail. As much as she loves her hometown of Buffalo, N.Y., she absolutely loves to travel, and at the top of her bucket list is a trip to Sicily, where she still has living relatives.

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