Robo-Texting Case Against Twitter To Be Dropped

A Massachusetts resident who sued Twitter for allegedly sending her unwanted text messages is now seeking to drop her case.

Beverly Nunes of Taunton, Massachusetts didn't provide a reason for her decision, which was presented last week to U.S. District Court Judge Vince Chhabria in San Francisco.

The move -- assuming that it is accepted -- ends what was once a high-stakes suit over Twitter's liability for allegedly sending robotexts to people using recycled phone numbers.

Nunes alleged in a 2014 class-action complaint that Twitter violated the Telephone Consumer Protection Act by sending text messages to her after she purchased a cell phone with a recycled number. That law prohibits companies from using automated dialing systems to send SMS ads to people without their consent. Companies that violate the measure face damages of up to $1,500 per message.



Nunes alleged that she received text messages from Twitter in November of 2013, immediately after purchasing the cell phone. At one point, Nunes allegedly received up to six messages a day, all from Twitter's short code. Many of those texts appeared to promote an online coupon site. For example, one message allegedly included the phrase “There’s a new Swagcode out,” and directed her to click on a link.

Last year, Twitter unsuccessfully argued that it didn't make the phone calls. Instead, according to Twitter, the "maker" was either the user who posted the tweet, or alternatively, the consumer who signed up for text notifications.

Chhabria rejected the company's stance, writing its interpretation was too far afield of the law's wording.

Twitter then asked Chhabria to allow the company to immediately appeal his decision to the 9th Circuit Court of Appeals. Chhabria turned down that request in August of 2016.

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