Florida man sues Facebook for happy birthday texts

Fortune.com reported that in the lawsuit, filed Friday, Colin Brickman claims Facebook sent him text messages with birthday announcements reminding him to wish his Facebook friends a happy birthday on their timelines.

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The suit said Brickman, who filed in the U.S. District Court of Northern California, never gave Facebook permission to get any text messages from Facebook.

"Facebook sent bulk and impersonal text messages by an autodialer to cellphones like (Brickman), using standard response prompts," the suit said. "Every prompt solicits the receiver to engage on Facebook. This lawsuit is for the thousands of persons who did not give Facebook prior express consent."

The suit also said that Facebook sending the texts violates the Telephone Consumer Protection Act.

The act protects privacy rights of those who don't want to be spammed with unsolicited texts on their phones.

The suit specifically claims that Brickman chose notification settings that "clearly indicate that (he) did not activate text messaging for his cellphone."

It also claims Brickman selected the "off" option for text messages under notification settings.

Brickman is represented by Patrick J. Perotti, Esq. and Frank A. Bartela, Esq. of Dworken & Bernstein and Hassan A. Zavareei, Kristen Law Sagafi and Martin D. Quiñones of Tycko & Zavareei.

Brickman is seeking statutory damages as well as costs and attorneys' fees.

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