January 25, 2021

Volume XI, Number 25

Advertisement

January 22, 2021

Subscribe to Latest Legal News and Analysis

Sports Clips Hit With TCPA Class Action: Suit Alleges Unwanted Robotexts Related to New Store Location

Hope everyone out there in TCPAWorld had a great and safe Thanksgiving.

We’re off to a hot start post-Turkey weekend as Chairman Pai has announced he is stepping down when Biden is sworn in next month.

It will be very interesting to see what, if anything, the current FCC does on the mountain of remaining petitions– particularly the TCPA Public Notice that has been pending since May, 2018 following ACA Int’l.

In the meanwhile the TCPA class action machine keeps churning with 10 new cases filed on Wednesday. Among them, a putative class action against haircut giant Sports Clips.

The suit, brought by an Alameda County California resident, contends that on June 10, 2020 Sports Clips sent an unsolicited marketing text advising of a new store location. The (alleged) text read:

Sports Clips stores have opened
near you. Our mission is to be
the cleanest haircutter in the
industry. Please text MORE for
information or text STOP to
stop.

As a result of the text Plaintiff seeks unspecified damages of over $5MM.

Yep, over $5MM in damages springing out of one allegedly unwanted text. Welcome to TCPAWorld.

The class is defined as “persons within the United States who received any unsolicited text messages from Defendant which text message was not made for emergency purposes or with the recipient’s prior express consent within the four years prior to the filing of this Complaint.”

Notice that the class is not limited to texts sent using an ATDS–any text message the defendant has sent over the last four years is at issue. Yet the claim for relief is limited to ATDS texts. Pretty big gap between those two theories–let’s see if Sports Clips moves to strike the definition as a result.

We’ll keep an eye on this filing. For the curious the complaint is here: Gonzalez complaint

Advertisement
© Copyright 2020 Squire Patton Boggs (US) LLPNational Law Review, Volume X, Number 335
Advertisement

TRENDING LEGAL ANALYSIS

Advertisement
Advertisement

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
Advertisement
Advertisement