Jackson Hewitt Spam Text Messaging Case Moves Forward

Updated on Author: Sergei Lemberg

Updated on 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.

Sergei Lemberg

About the Author:

Sergei Lemberg is a lawyer whose practice focuses on consumer law, class actions and personal injury litigation. He has been repeatedly recognized as the “most active consumer attorney” in the country. In 2020, Mr. Lemberg represented Noah Duguid in the United States Supreme Court in the case entitled Duguid v. Facebook. He is the author of Defanging Debt Collectors, a book that teaches consumers how to battle debt collectors and win.

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