With mobile phones becoming an important tool for consumers, it only makes sense that companies are trying to find the best way to take advantage of them. Even the biggest companies that have a firm grasp of mobile can struggle to find the best ways to handle this.

Twitter is one of the more popular social media networks available and is made even more powerful by feeling natural in the mobile landscape. However, its poor text message marketing plan has lead to a class action lawsuit.

According to an article from Tech Times, the suite was started by Massachusetts resident Beverly Nunes. She claims that she is not a Twitter user and when she purchased a new phone in November 2013, she started receiving unsolicited texts every day. This happened even after she replied "STOP" and "UNSUBSCRIBE."

The company does have a short code "40404" to send out automated messages and alert users regarding activities. The problem is that the messages continue to be sent even if someone else is not using that number.

"Twitter knows, or is reckless in not knowing, that its SMS text messages are sent to non-consenting, recycled cellular number subscribers," the lawsuit reads. "Twitter has caused consumers actual harm, including the aggravation and privacy invasion that accompanies receiving unsolicited text messages. Consumers are damaged by having to pay cellular telephone service providers for the receipt of Twitter's unsolicited text messages."

The suit seeks $5 million because Twitter disregarded the Telephone Consumer Protection Act of 1991. Twitter is "vigorously defending" itself.

SMS services are a great marketing tool, but it needs to be handled properly to be successful.