Running a Cyber Monday promotion led to a Telephone Consumer Protection Act lawsuit for Cosmopolitan Hotels & Resorts.
Seyed M. Kazerouni filed suit in California federal court, alleging that he provided his cell phone number to take advantage of a special discount offered on a Las Vegas Cosmopolitan hotel. When Kazerouni tried to book his room online on December 2, 2013 – also known as Cyber Monday – high Internet traffic slowed the process, he said.
Cosmopolitan offered customers the option to leave a telephone number to receive a call back from a hotel agent to complete the reservation. Kazerouni provided his number but said the hotel never called him back. Instead, he received two text messages from Cosmopolitan, he claimed.
The first text read: “Thank you for signing up to receive alerts about The Cosmopolitan’s Cyber Monday offer. We’ll text you when it’s time to book.” More than one month later he received a second text with a link: “You previously signed up to see offers from The Cosmopolitan. This is your last chance to opt-in and receive offers like $150 on us.”
Kazerouni then filed his TCPA suit, alleging that the second text violated the statute because he had not given consent and Cosmopolitan did not inform him that he would receive text messages for purposes unrelated to Cyber Monday discounts.
“Defendant’s website did not inform Plaintiff that Plaintiff was signing up to receive alerts from Defendant,” according to the complaint. “Plaintiff merely desired to receive a telephone call from Defendant’s agent in order to take advantage of the Cyber Monday sale.”
The suit seeks to certify a nationwide class of consumers who received texts from the Cosmopolitan within the prior four years and requests statutory damages and injunctive relief.
To read the complaint in Kazerouni v. Cosmopolitan Hotels & Resorts, Inc., click here.
Why it matters: While Kazerouni admits he willingly provided his phone number to the defendant, he argues that he gave it for a single purpose: to receive a phone call to complete his hotel reservation. According to the plaintiff, the hotel chain violated the TCPA by using his phone number for a different purpose – to contact him via text message about other promotions. The suit makes clear once again the companies must be vigilant when sending commercial texts.