November 29, 2021

Volume XI, Number 333

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FRANK SPEECH: MyPillow Caught in Robotext Lawsuit Alleging Consumers Blasted with Texts Merging Pillows and Politics

You know how I always say TCPA.World is the center of the legal universe? Here’s more proof.

MyPillow has apparently–and perhaps unsurprisingly–been looking to profit off of the outspoken antics of their CEO Frank Lindell. Merging the spectacle of Frank’s political platform with tried-and-true discount techniques, MyPillow has apparently deployed a robo-text campaign designed to enlighten, enrage and encourage robust pillow and linen sales.

If that isn’t the most 2021 sentence of the year, show me one better.

In any event, a consumer down in Florida named Bethany Gaudreau has taken issue with being “bombarded”–her word, not mine–with these texts and has filed a class-action lawsuit against MyPillow seeking millions of dollars in damages. Indeed, Bethany has provided a bunch of screenshots to prove her case that MyPillow disregarded her repeated stop requests and hit her with repeated marketing messages:

Eesh. That’s alot. And that’s not even all of them. I just got tired of cutting and pasting.

I note, however, that the dates are all askew in the Complaint. Not sure if that’s because the texts came from different numbers, or what. (You can read the complaint and try to figure it out for yourself here: MyPillow Complaint.)

Now I find it fascinating that many of these messages also include political messaging. I can’t tell if MyPillow is just trying to use Lindell’s political platform to sell pillows or if they’re trying to convert what would otherwise plainly be marketing messages into political messages for the purposes of avoiding the DNC. Neither would surprise me.

Obviously, the buzzsaw of “dual-purpose” calling is sitting out there so if MyPillow thought they could “politicize” their way out of marketing violations, that dog ain’t going to hunt. Then again, if they had consent the text messages are likely just fine–if the messages were even sent by MyPillow. I mean the whole robotext campaign could be a false flag operation because…2021.

I should note that I have no idea if the claims in the Complaint have merit. I just find the whole thing bizarre and extraordinary–which is apparently the hallmark of “Real News” these days. So there you go.

Happy Weekend TCPAWorld!

© Copyright 2021 Squire Patton Boggs (US) LLPNational Law Review, Volume XI, Number 316
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About this Author

Eric Troutman Class Action Attorney
Of Counsel

Eric Troutman is one of the country’s prominent class action defense lawyers and is nationally recognized in Telephone Consumer Protection Act (TCPA) litigation and compliance. He has served as lead defense counsel in more than 70 national TCPA class actions and has litigated nearly a thousand individual TCPA cases in his role as national strategic litigation counsel for major banks and finance companies. He also helps industry participants build TCPA-compliant processes, policies, and systems.

Eric has built a national litigation practice based upon deep experience, rigorous...

213-689-6510
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