District Court Dismisses Claims in Nationwide Text Messaging Class Action

May 3, 2010

Seth L. Cooper

Text messaging is a booming advanced wireless service. This service for using cellular telephones to send and receive short messages was first introduced by AT&T in 2002 but was quickly launched by other wireless providers. Monthly text messages have soared from 4.7 billion during December 2005, to 9.8 billion during December 2006, all the way up to 48.1 billion in December 2008. In 2008 alone, some one trillion text messages were sent and received. This business has been the target of class-action litigation. But owing to a failure to allege facts sufficient to state a claim of unlawful conspiracy, a recent federal trial court ruling put the brakes on a nationwide class-action antitrust suit alleging collusive per-message price-fixing by all major wireless carriers.

District Court Dismisses Claims in Nationwide Text Messaging Class Action