February 1, 2016

tcpa-class-actionOn January 26, 2016, a putative class action lawsuit was filed against Victoria’s Secret Stores, LLC (“Victoria’s Secret”), alleging that the clothing retailer violated the Telephone Consumer Protection Act (“TCPA”). The suit was originally filed in the Central District of California, but has since been re-assigned to the Southern District of California. Victoria’s Secret has yet to be served in the action, as plaintiff is still waiting for the Court to issue a summons.

How is Victoria’s Secret Alleged to have Violated the TCPA?

Victoria’s Secret Faces TCPA Class Action

According to the plaintiff’s complaint, on or about May 28, 2015, he received a text message which read:

VSPINK: One more step! Reply YAY to opt in & get members-only offers and fun. Terms @ s.vspink.com/40k 6msgs/mo Msg & DataRatesMayApply Reply STOP to stop.

The plaintiff alleges that he was induced to reply “YAY” and promised that he would receive no more than 6 text messages per month. However, on November 4, 2015, Victoria’s Secret allegedly sent the plaintiff 97 text messages. Plaintiff seeks to certify a class of all persons in the United States who, within the last four years, “were sent more than six (6) text messages in a single month by or on behalf of [Victoria’s Secret] to their cellular telephone[s], wherein said text messages were sent using an automated telephone dialing system.”

Protect Yourself

We recently blogged about a major decision by the United States Supreme Court which makes it harder for defendants to dismiss TCPA class action lawsuits. This new class action lawsuit against Victoria’s Secret, which may have arisen due to a technical glitch, underscores the prevalence of TCPA class action lawsuits. As such, in this regulatory environment it is important for marketers to have competent and experienced counsel to handle various issues which arise under the TCPA.

If you are interested in learning more about this topic, please visit the Telemarketing Law practice area of our website. If you have been served with process concerning the TCPA or your telemarketing practices, please e-mail us at info@kleinmoynihan.com or call us at (212) 246-0900.

The material contained herein is provided for informational purposes only and is not legal advice, nor is it a substitute for obtaining legal advice from an attorney.  Each situation is unique, and you should not act or rely on any information contained herein without seeking the advice of an experienced attorney.

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Similar blog posts:

FCC: No Guaranteed TCPA Exemption for Text Broadcasters

The Time to Call a TCPA Lawyer is Now: Tips for Winning or, Better Yet, Avoiding TCPA Lawsuits

Microsoft Wins Dismissal of TCPA Class Action Due to Consent

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