• by Wendy Davis  @wendyndavis, June 1, 2016

Two weeks ago, the U.S. Supreme Court said in a closely watched case that consumers could not proceed with a lawsuit against online data broker Spokeo unless they suffered a "concrete" injury.

Facebook now says in new court papers that the Supreme Court's ruling requires dismissal of a lawsuit about robo-texting.

The social networking service's argument comes in response to an amended complaint by Noah Duguid, who alleges that Facebook repeatedly sent him unwanted text messages. Duguid, who says he has never signed up for Facebook, alleges that the company repeatedly notified him via SMS that his account had been accessed. His carrier apparently reassigned him a phone number previously used by a Facebook member.

Duguid alleges that the company violated the Telephone Consumer Protection Act, which prohibits companies from using automated dialers to send text messages to people without their consent.

Earlier this year, U.S. District Court Judge Jon Tigar in San Francisco dismissed Duguid's lawsuit, but said he could beef up his allegations and bring it again. Tigar said at the time that Duguid's initial complaint didn't contain enough facts to support the allegations that Facebook used an automated dialing system to send text messages. Duguid revised his allegations and refiled the case in April.

On Tuesday, Facebook filed new papers asking Tigar to dismiss the lawsuit. In addition to its previous arguments, the company also says it's entitled to dismissal due to the Supreme Court's decision in a case against Spokeo. The Supreme Court ruled that Spokeo may have to face a lawsuit for allegedly displaying incorrect information about consumers, but only if they can first prove the errors caused a concrete injury.

The Spokeo matter was centered on the Fair Credit Reporting Act, as opposed to the robo-texting law. But Facebook says the Supreme Court's rationale should apply equally to lawsuits centered on robotexting.

"Plaintiff alleges only a statutory violation," Facebook says, referring to Duguid. "He does not allege any concrete injury from receiving login messages."