Telephone Consumer Protection Act suits show no signs of abating, with a new putative class action suit challenging text messages that were sent after a consumer allegedly opted out of the program.
In the suit, Philip Nghiem accused Dick's Sporting Goods of violating the TCPA by continuing to send text messages after he elected to stop receiving them. The California resident enrolled in Dick's mobile alert program by text messaging the word "JOIN" to the specified short code in May 2015. He opted out of the program on December 6, 2015, according to the complaint, by texting the word "STOP" to the same short code and received a confirmation message that he had been unsubscribed.
Despite his request, the defendant texted him eight more times, Nghiem said, in violation of the TCPA. Seeking to certify a nationwide class of "hundreds, if not thousands" of class members, the suit requests treble damages for each text. It's unclear whether the additional texts were sent because Dick's experienced technological problems.
To read the complaint in Nghiem v. Dick's Sporting Goods, click here.
Why it matters: While the volume of TCPA litigation shows no signs of slowing down, this complaint focuses on perhaps a new trend of litigation—a violation of the statute where a consumer opted out from his earlier consent to receive marketing materials, but continued receiving marketing messages by text.