Class Action InvestigationsSpam Text Messages$5 million demanded by a Florida woman for text message advertising lawsuit

September 3, 2019by Shamis & Gentile P.A.

A woman from Florida has filed for a text message advertising lawsuit against the clothing company, Nasty Gal. The accuser alleged that the clothing company violated the TCPA or Telephone Consumer Protection Act. The accuser, Amanda Defranks has demanded for $5 million for statutory and actual damages. Not only that but she has demanded injunctive relief from keeping Nasty Gal from violating the telemarketing laws over and over again.

TCPA Lawsuits for the consumers

TCPA or Telephone Consumer Protection Act is an act for the protection of the consumers. It discards text messages and phone calls to the cell phones of the consumers with the use of robocall or autodialing machine. The calls or texts are only allowed if the consumer has given the involved organization a prior consent for doing so. Even if the customer is a potential consumer of the business, the business organization cannot send spam or advertising texts beholding the relationship as an excuse.

The rough past of Nasty Gal

Nasty Gal is a well-known e-commerce company that deals with jewelry and clothing accessories. It was founded back in the year 2006. The e-commerce company filed for Chapter 11 of bankruptcy protection in the year 2016. It has faced various lawsuits which were filed by its own designers. The accusers alleged the company of copyright infringement for their designs of jewelry. Not only has that but the company also faced lawsuits for the allegations that the employees were denied their leave right before their maternity leave.

Allegation of text message advertising

According to the allegations of Amanda Defranks, she received text messages related to telemarketing from the e-commerce brand Nasty Gal on 24th of May 2019 and on 27th of May 2019. She also complained that the text messages that she received were from a five-digit code number that was being used by Nasty Gal for its promotional purpose. The text messages sent out by Nasty Gal were generic in nature and were impersonal. The text message lawsuit also demonstrated that the messages were sent out using an ATDS or automated dialing system.

In addition to the allegations, when spam text messages are being sent out by any five-digit code number, it allows the e-commerce company Nasty Gal and other businesses to send messages to thousands of cell numbers at one time. This whole thing could deceive the recipients into thinking that the SMS was personalized for them and was sent by any human in individual from a real cell phone. The accusation against Nasty Gal is valid as the company willingly violated the TCPA. This is because the company knew it very well that they do not have any prior consent for sending out the text messages to the consumers. The company also knew or should have taken into account the fact that they were using an ATDS which requires prior consent from the consumers before contacting them on behalf of the company.

According to the accuser, she is seeking for class action lawsuit because there could be the possibility that thousands of other consumers also received identical unwanted text messages from the part of Nasty Gal.

Text message advertising TCPA lawsuit comes with exact same allegations

These types of lawsuits are very common in today’s world of telemarketing. Many of the advertisers faced identical TCPA lawsuits where the accused used some technology which allowed them to reach out to a huge number of consumers quickly at the same time. But, in most of the cases, it was done illegally as no prior consent has been provided on the part of the consumers.

Only a few days back this year, another lawsuit was filed against Hot Topic. The customers of Hot Topic demanded for the approval of $2.9 million lawsuit settlement based on TCPA. The customers alleged that they received impersonal and promotional texts from the retailer on a daily basis.

Another case of settlement was filed in the year 2018 against Western Union. In this case, about 7,40,000 potential consumers of the company alleged that they received unwanted messages from the company. The settlement amounted to $8.5 million. Most of the accusers in TCPA lawsuits also claim that the cell phone numbers of the alleged companies are listed on their DND or Do Not Disturb registry. However, they still receive texts and calls from various banks and companies for promotional purpose.

In case you want to learn more about TCPA lawsuits, you can contact The Text Message Lawyers Shamis & Gentile, P.A.

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