Recently, while shopping around for a new credit card, I was surprised by how many people were eager to “refer” me. It’s a common promotional scheme – someone sends you a referral link or code, and if you use it, they score a bonus. Seems harmless enough, but a recent ruling out of the Western District of Washington has raised an important question—can the company behind these referral programs be held liable for the messages sent? Let’s find out.
Plaintiff Tamie Jensen alleged that she received a text message from a contact, containing content prepared by Defendant Capital One as part of its “Refer a Friend” program. Jensen filed this putative class-action lawsuit on behalf of herself and others who received a “Refer a Friend” text message – claiming that the transmission of this commercial text message violated Washington’s Commercial Electronic Mail Act (“CEMA”) and Consumer Protection Act (“CPA”).
According to the Complaint, users can click the referral button on…
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