American Eagle Hit with TCPA Text Spam Class Action Lawsuit

A Telephone Consumer Protection Act class action lawsuit has been filed against American Eagle Outfitters Inc., eBay Enterprises Inc., and Experian Marketing Solutions Inc., by a group of four plaintiffs from three different states, alleging they received text spam messages from these companies without prior express consent.

Plaintiffs Ryan M. of Oklahoma, Christopher L. of Florida, and Christina M. and Alison P. of New York similarly allege that they received unwanted text messages from American Eagle Outfitters (AEO), eBay, and Experian.

According to the TCPA text spam class action lawsuit:

“AEO utilizes bulk marketing by advertising through Short Message Services [SMS] … AEO makes, either directly or through eBay and Experian, SMS calls using ATDS equipment and software that has the capacity to dial numbers randomly or sequentially as well as dial numbers from lists to cellular telephones whose owners have not provided prior express consent to receive such calls (‘Spam Texts’), including Plaintiffs.”

The four plaintiffs also allege that eBay and Experian individually sent text spam messages marketing and advertising AEO by using an automatic telephone dialing system (ATDS) to send unwanted text messages to consumers without their consent. For example, the four plaintiffs similarly allege they received unwanted text spam messages like “AEO: Free AEO Jeans,” “AEO: Award Worthy Outfits: Get up to $30 off your purchase,” among other AEO sales and promotion texts.

Additionally, the four plaintiffs allege that they “attempted to opt-out of receiving Spam Texts from AEO by texting ‘STOP’ in response to the Spam Texts.” According to the TCPA class action lawsuit, despite their attempts to opt-out of these text message spams, the four plaintiffs claim they continued to receive unwanted text messages from AEO, eBay, and Experian.

The plaintiffs seek to represent themselves in this TCPA text spam class action lawsuit, as well as a nationwide Class that would include:

“All persons in the United States who: (a) received a text message sent by AEO and/or a third party acting on AEO’s behalf; (b) promoting AEO’s goods or services; (c) on their cellular telephone line; (d) that were sent using an automatic telephone dialing system; (e) at any time in the period that begins four years before April 8, 2010 to trial.”

Similar Classes for Experian and eBay have also been proposed in this TCPA class action lawsuit.

What is The Telephone Consumer Protection Act (TCPA)?

The TCPA was designed by Congress to limit telephone soliciting, including unwanted phone calls and unwanted text messages, by companies and telemarketers. TCPA laws pay 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 without their prior express consent.

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.”

The four plaintiffs allege that American Eagle, eBay, and Experian willfully violated the TCPA by sending them and other potential Class Members unsolicited text messages and that these messages were sent via a robocall device. Under TCPA law, the plaintiffs 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 the defendants’ willful violation of the TCPA.

The TCPA Text Spam Class Action Lawsuit is Case No. 1:14-cv-02440-VEC, in the U.S. District Court for the Southern District of New York.

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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