Online Video Maker Smosh Must Face Revived Text Spam Lawsuit

Smosh Dot Com Inc. must defend against a proposed class action alleging it unlawfully targeted consumers with telemarketing, after a federal appeals court reversed a lower court’s dismissal of the case.

Plaintiff Kristen Hall received unsolicited texts that invade her privacy and qualify as a concrete injury under the TCPA, giving her Article III standing to sue, wrote District Judge Richard D. Bennett, sitting by designation for the US Court of Appeals for the Ninth Circuit.

Smosh initially won a dismissal of Hall’s claims, arguing that she didn’t have grounds to sue because her 13-year-old son was the primary user ...