Judge Denies Bebe’s Bid to Dismiss Text Spam Class Action

Bebe Store Inc.’s motion to dismiss a proposed TCPA text spam class action lawsuit against them was denied on Feb. 2 by a California federal judge, ruling that the plaintiffs of this complaint did not have to receive a charge for the allegedly unsolicited text messages in order to claim damages under the Telephone Consumer Protection Act (TCPA).

U.S. District Judge Yvonne Gonzalez-Rogers rejected the clothing retailer’s argument that lead plaintiff Melita M. failed to fully allege a claim under the TCPAbecause she allegedly consented to receive text messages from Bebe. The judge also rejected the argument that Meyer failed to properly allege that the clothing retailer used an automatic dialing system to send her the unsolicited text messages.

Judge Gonzalez-Rogers stated in her order rejecting Bebe’s motion to dismiss the TCPA class action lawsuit:

“Unlike the cases cited — where plaintiffs had previously consented to receive the communications and the confirmatory opt-out message itself contained no advertisement or telemarketing content — the pleadings here establish a plausible lack of any prior express written consent by plaintiff to receive such messages. Moreover, the court finds that the message at issue plausibly constitutes an ‘advertisement’ and that it was plausibly sent for ‘telemarketing’ purposes as the regulation defines those terms.”

Based on the judge’s ruling, Bebe needed to receive the plaintiff’s express written consent to send an advertising or marketing text message to Meyer. Additionally, Judge Gonzalez-Rogers rejected Bebe’s argument that the allegedly unsolicited text message was only an informational message.

Finally, the judge concluded that Meyer had sufficiently alleged that Bebe utilized an automatic dialing system to send her the text spam. According to the Bebe TCPA text spam class action lawsuit, Meyer claimed the Bebe texts had been sent en masse and included a form message in the body of the text. She allegedly began receiving these text messages after she bought a dress in a Bebe store in 2013 and gave her phone number to the cashier under the assumption that it was needed to complete her transaction.

Meyer seeks to represent herself, as well as a Class of “persons within the U.S. who received calls or messages from defendant or its agents in violation of the TCPA,” within the last four years since the date she filed this text spam class action lawsuit against Bebe.

The Bebe TCPA Text Spam Class Action Lawsuit is Case No. 14-cv-00267-YGR in the U.S. District Court for the Northern District of California.

What is The Telephone Consumer Protection Act (TCPA)?

The TCPA was designed by Congress to limit telephone soliciting by companies and telemarketers. This set of laws pays close attention to the use of ATDS (or automated telephone dialing systems) by companies to make robocalls or send text spam to current and potential consumers.

According to the Federal Communications Commission’s website:

“The TCPA and the FCC’s rules ban many text messages sent to a mobile phone using an autodialer. These texts are banned unless (1) you previously gave consent to receive the message or (2) the message is sent for emergency purposes. This ban applies even if you have not placed your mobile phone number on the national Do-Not-Call list of numbers telemarketers must not call.”

Meyer alleges that Bebe willfully violated the TCPA by sending her and other Class Members unsolicited text messages without their prior consent and that these messages were sent via a robocall device. Under TCPA law, Meyer and the Class Members may seek $500 in statutory damages for each alleged negligent violation of TCPA statutes and $1,500 in statutory damages for each instance of Bebe’s willful violation of the TCPA.

UPDATE: On June 13, 2017, Bebe Stores Inc. agreed to settle a class action lawsuit accusing it of violating the Telephone Consumer Protection Act by sending unwanted text messages to consumers. It is estimated that 38,600 Class Members may qualify for benefits from the Bebe text spam class action settlement.

UPDATE 2: As of August 21, 2017, the Bebe Stores TCPA settlement website and claim form are now available!  Click here for settlement details.

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.

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