Ashley Milano  |  February 12, 2015

Category: Consumer News

Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.

american_eagle_outfittersA California man filed a TCPA violations class action lawsuit against American Eagle Outfitters Inc., alleging the clothing retailer sent out unsolicited text messages.

Plaintiff Walter W. alleges that American Eagle did not have prior consent to send him text messages, and violated the Telephone Consumer Protection Act of 1991 (TCPA) by failing to obtain his express written consent before sending him text messages advertising sales, promotions, coupons, and new merchandise.

According to the TCPA class action lawsuit, between Dec. 12 and Jan. 16, Walter allegedly received at least five unwanted text messages on his cell phone regarding the sale of the store’s Aerie brand, a women’s line of undergarments and lingerie. Walter alleges that he and others who received the text message spamwere caused aggravation and had to pay for receiving the texts through their respective wireless carriers.

This is not the first time American Eagle has been accused of TCPA violations. Recently, a Florida resident, who is also a practicing attorney and self-described consumer advocate, filed a similar proposed TCPA class action lawsuit against American Eagle Outfitters for sending out text message spam.

The plaintiff in this text spam lawsuit seeks to represent a nationwide Class of consumers who continued to receive text spam from American Eagle after they attempted to unsubscribe from the service.

Text Spam and the TCPA

In recent years, marketers who have often felt hindered by federal laws limiting solicitation by telephone, fax machine, and e-mail have increasingly looked to alternative technologies through which to send bulk solicitations cheaply. One of the most prevalent alternatives is bulk advertising through so-called Short Message Services (SMS). SMS is a messaging system that allows for the transmission and receipt of short text messages (usually no more than 160 characters) to and from wireless telephones.

According to a recent study conducted by the Pew Research Center, “Spam isn’t just for email anymore; it comes in the form of unwanted text messages of all kinds – from coupons to phishing schemes – sent directly to user’s cell phones.” In fact, “57% of adults with cell phones have received unwanted or spam text messages on their phone.”

Unlike more conventional advertisements, unwanted text message advertisements and promotions can actually cost their recipients money because wireless phone users must pay their wireless service providers either for each text message they receive or incur a usage allocation deduction to their text messaging plan, regardless of whether the message is authorized.

In 1991, Congress enacted the TCPA in response to a growing number of consumer complaints regarding certain telemarketing practices. The TCPA makes it unlawful to make any calls, send any text messages, or send any faxes to consumers for commercial purposes using an automated dialing system without that consumer’s prior express written consent.  If a company is communicating with consumers in any of these ways without prior written consent, it is illegal and the consumer is entitled to receive a statutory penalty of at least $500 (up to $1,500) for each violation.

TCPA Class Action Lawsuits

The American Eagle TCPA lawsuit is seeking Class certification, actual and statutory damages, attorneys fees and costs, and an injunction requiring American Eagle Outfitters to cease unsolicited messages. The filed complaint indicates a demand for a jury trial for this case.

The American Eagle TCPA Class Action Lawsuit is Case No. 15-cv-570, in the U.S. District Court for the Northern District of Illinois, Eastern Division.

Join a Free TCPA Class Action Lawsuit Investigation

If you were contacted on your cell phone by a company via an unsolicited text message (text spam) or prerecorded voice message (robocall), you may be eligible for compensation under the Telephone Consumer Protection Act.

Get a Free Case Evaluation Now

We tell you about cash you can claim EVERY WEEK! Sign up for our free newsletter.


One thought on American Eagle Faces Another TCPA Class Action Lawsuit

  1. Marc Alan Reichbart says:

    Please add me

Leave a Reply

Your email address will not be published. By submitting your comment and contact information, you agree to receive marketing emails from Top Class Actions regarding this and/or similar lawsuits or settlements, and/or to be contacted by an attorney or law firm to discuss the details of your potential case at no charge to you if you qualify. Required fields are marked *

Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.