iThe TCPA class actions are just pouring in folks.
Not long ago I covered new suits against the NFL and others and last week we saw TCPA class cases come in against Kohl’s, the Home Depot and Allstate.
But two of the latest TCPA class actions really stood out to me– those against fashion brands Hugo Boss and Chicme.
The suit against Hugo Boss–which you can read here Hugo boss Complaint–alleges receipt of unwanted texts from shortcode 44982. The texts were allegedly sent without consent and directed consumers back to the Hugo Boss website. The texts were also allegedly sent outside of the TCPA’s timing requirements–one text was sent after 1 am!
The complaint alleges two potential classes:
Plaintiff and all persons within the United States (1) to whose telephone number Defendant placed (or had placed on its behalf) two or more text messages, (2) from four years prior to the filing of the Compliant to the date of certification, (3) for the purpose of encouraging the purchase of (4) in a 12-month period (5) when the telephone number to which the text messages were sent was on the National DoNot-Call Registry at the time of the messages.
Plaintiff and all persons within the United States (1) to whose telephone number Defendant placed (or had placed on its behalf) two or more text messages, (2) from four years prior to the filing of the Compliant to the date of certification, (3) between the hours of 9:00pm and 8:00am local products (5) in a 12-month period.
We will keep an eye on this one.
In the Chicme case–you can read here Chicme Complaint–a Minnesota resident claims she received texts regarding Chicme’s black Friday sale that continued even after she said “Stop.” She brings a class action under the TCPA’s DNC rule on behalf of:
All persons in the United States from four years prior to the filing of this action through class certification to whom: (1) Defendant sent text messages marketing its products or services, (2) Defendant sent more than one text message to the person in a twelve-month period, and (3)Defendant sent such text messages after the person requested that Defendant stop sending them text messages.
She believes at least hundreds or thousands of individuals are in the class, which means she is seeking over a million dollars in damages from Chicme here given the TCPA’s minimum damages are $500 per call.
These latest suits continue the trend of TCPA class actions targeting text message campaigns. particularly those that fail to honor stop requests. This is a big new trend and different from last year’s focus on prerecorded calls. All individuals sending text messagaes are encouraged to look at their stop response process–especially in light of the FCC’s new revocation ruling.
Unrelated, Deserve to Win podcast Ep. 24 drops tomorrow and it is simply epic. Phonexa CEO Lilit Davtyan joins us as do two worthy lawyers from locke lord who just won a massive suit against the FTC. But before we get there we break down the MEF excluding women story in more detail following their Chairman’s decision to blast us via email to its members. (What was that guy thinking?)
