Happy New Year! Well, not so happy for Guess ?, Inc. (“Guess”), which was recently sued in California federal court for allegedly violating the Telephone Consumer Protection Act (“TCPA”).

Details of Guess TCPA Class Action

The Class Action Complaint alleges that Guess sent the Plaintiff multiple unsolicited text messages promoting its goods and services to her mobile telephone in violation of the TCPA.  The Complaint seeks statutory damages in the amount of $500.00 for each alleged negligent violation of the TCPA, treble damages in the amount of $1,500.00 for each knowing or willful violation of the TCPA, and injunctive relief prohibiting such conduct in the future.

The Plaintiff seeks to certify a class of persons nationwide who received unsolicited SMS or text messages to their mobile phones during the past four years sent through the use of autodialing technology.

As of the date of this blog, the Plaintiff has not filed a motion for class certification which, as we have reported, often is filed by putative class action plaintiffs early in the action (usually when the complaint is filed).  This typically is done to prevent the defendant from attempting a “buy off” to moot the plaintiff’s claims, which often results in the dismissal of the subject action.

Guess has yet to appear in the action.