On April 2, 2015, a class action lawsuit was filed against PVH Corp., d/b/a Tommy Hilfiger (“TH”), alleging that TH violated the Telephone Consumer Protection Act (‘TCPA”) by sending mass commercial text message advertisements to consumer cell phones without obtaining prior express written consent to send such messages. The lawsuit, filed in the United States District Court for the Central District of California, focuses on provisions of the October 16, 2013 amendments to the TCPA and alleges that TH failed to obtain prior express written consent from “tens of thousands” of consumers.
Why is prior express written consent important?
TCPA Class Action Allegations Against Tommy Hilfiger
The one-count complaint alleges that the named plaintiff received at least seven (7) unsolicited commercial text messages from TH between September 19, 2014 and November 12, 2014. The complaint also alleges that TH used an automatic telephone dialing system to send the subject unsolicited text messages. The complaint seeks to certify a class of “[a]ll persons within the United States to whose cellular telephone number [TH] placed a telephone call via text message from October 16, 2013 to the date notice is mailed to the Class.”
TCPA Class Action Lawsuit Against Tommy Hilfiger Focuses on Prior Express Written Consent
On October 16, 2013, new TCPA regulations went into effect which, among other things, specify that “prior express written consent” must be obtained from consumers before sending commercial advertisement text messages to them. Of course, all of the factual allegations at issue in the case occur afterthe October 2013 amendments. As noted above, the plaintiff seeks to certify a class of all consumers who received unsolicited commercial text messagesafter October 16, 2013, the date the TCPA amendments became effective.
We have written extensively on the October 16, 2013 amendments to the TCPA. The Tommy Hilfiger TCPA class action is focused solely on text messages sent after the effective date of the TCPA amendments. As such, TH will have to prove that it indeed received prior express written consent from class members.