On 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.”
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.