A while back I pointed out the irony of a text message TCPA class action ending with the parties sending more text messages to the class members to notify them about the lawsuit regarding text messages. It just seemed strange.
Well in James v. Boyd Gaming Corp., ... a Defendant in an FLSA case was just ordered to produce cell phone numbers to the Plaintiff for the express purpose of sending notice to the class via text message. The Court noted the concerns animating the TCPA and the desire to keep contact rates low. Nonetheless, it found that text notice was the best way to assure class members were informed of the case.
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