Jackson Hewitt Spam Text Messaging Case Moves Forward

Updated on April 19th, 2017 Author: Sergei Lemberg

A Lemberg Law client’s case alleging that Jackson Hewitt engaged in spam text messaging in violation of the Telephone Consumer Protection Act will proceed, thanks to a judge’s ruling denying the tax preparation service’s motion to dismiss. The plaintiff alleges that Jackson Hewitt sent daily text messages, even after he texted “STOP” and received the return message, “Your subscription to Jackson Hewitt messages has been cancelled.” Moreover, our client alleges that he never gave the company his cell number or the consent to text him

Hewitt Jackson argued that our client failed to state a claim and failed to support allegations that an automated telephone dialing system (ATDS) was used to send text messages. The judge noted, “Daily text messages each with the identical impersonal content received over the course of a month allows the inference that an ATDS was used.” Thus, the U.S. District Court, Northern District of Illinois, case will move forward.

About the Author:

Sergei Lemberg is an attorney focusing on consumer law, class actions related to automotive issues, and personal injury litigation. With nearly two decades of experience, his areas of practice include Lemon Law (vehicle defects), Debt Collection Harassment, TCPA (illegal robocalls and texts), Fair Credit Reporting Act, Overtime claims, Personal Injury cases, and Class Actions. He has consistently been recognized as the nation's "most active consumer attorney." In 2020, Mr. Lemberg represented Noah Duguid before the United States Supreme Court in the landmark case Duguid v. Facebook. He is also the author of "Defanging Debt Collectors," a guide that empowers consumers to fight back against debt collectors and prevail, as well as "Lemon Law 101: The Laws That Lemon Dealers Don't Want You to Know."

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