September 23, 2021

Volume XI, Number 266

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Not So Stylish: Express Hit With Massive $5MM+ TCPA Class Action Over Marketing Texts

TCPA class litigation is a constant threat for the retail industry, who often rely on drip or nurture marketing to stay in contact with their devotees.

Express is one of the best out there in terms of consumer engagement and deploys a laundry list of contact strategies to keep their consumers craving their stylish duds.

Well in a new suit filed yesterday in Florida, Express is being sued for over $5,000,000.00 in damages as a result of purportedly sending marketing texts to individuals without consent. The Complaint can be found here: Park complaint

The Plaintiff, Angela Park, claims she texted “stop” in response to a text from Express only to receive 38 additional unwanted texts. She says “[t]hese text messages were annoying to [her] and disturbed her privacy.”

It remains to be seen whether these allegations have any truth to them, but continuing to text consumers after receipt of a “stop” message is a real no no these days.

The Complaint–which is filed by frequent TCPA flyer David Mitchell–asserts three different class theories:

  1. National Text Message Class: All wireless telephone subscribers in the United States who from February 25, 2017 to the present (the “Class Period”) received an automated pre-written telemarketing text message from EXPRESS at their cellular telephone number.

  2. National DNC Class: All persons in the United States and its territories from February 25, 2017 to the present (the “Class Period”) (1) whose telephone number was listed on the National Do-Not-Call Registry for at least 30 days; and (2) who received more than one commercial telemarketing text message from EXPRESS or its agent within any twelve-month period.

  3. EXPRESS DNC Class: All persons in the United States and its territories who from February 25, 2017 to the present (the “Class Period”) (1) directed EXPRESS or its agent(s) to not call their telephone number; (2) who thereafter received more than one commercial telemarketing text message from EXPRESS or its agent within any twelve-month period.

We’ll keep an eye on this.

© Copyright 2021 Squire Patton Boggs (US) LLPNational Law Review, Volume XI, Number 57
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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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