Lyft, Inc. was hit with a putative class action under the Telephone Consumer Protection Act (“TCPA”) this month. The plaintiffs allege that Lyft is liable for text messages sent by Jobcase, Inc., Lyft’s marketing agency. Notably, the plaintiffs believe that Jobcase sent text messages to prospective drivers on behalf of Lyft, including “Maria, START NOW: Drive with Lyft, up to $1500/wk. Click to Apply!” Lyft compensates Jobcase based on the number of potential drivers that access Lyft’s website through a unique URL, according to the complaint.

Takeaway: Advertisers that hire agencies to perform text message campaigns on their behalf should investigate how the messages are sent and ensure that provisions within the agreement adequately shift liability to the agency.