Guess Text Messages Spark TCPA Class Action Lawsuit

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Clothing retail giant Guess Inc. is being hit with a class action lawsuit for allegedly sending unwanted and illegal text messages in violation of the Telephone Consumer Protection Act. The plaintiff, Farideh Haghayeghi, alleges the defendant-company has invaded her privacy for the past four years by sending her numerous advertising text messages.

According to the Guess text message lawsuit, Guess and its agents sent out thousands of text messages to different customers around the nation, starting no later than 2009. Haghayeghi’s latest spam text reportedly came sometime in 2013, when Guess sent her a text about their new stock of summer clothing.

Haghayeghi alleges that because these text messages were not sent for emergency purposes and that she did not give her prior consent to receiving messages, they are in violation of the TCPA. Additionally, they present an unwanted charge to the recipients, meaning the recipients must pay for every text message they receive.

As of now, text messages are the only form of advertisement that financially burden the recipient. While it is true that land-line phones are also not free, each spam call is not charged separately on top of the service provided. Text messages, on the other hand, are typically counted by the wireless company as separate calls, and they bill the recipient of the message regardless of whether or not it is authorized.

Another TCPA violation that Guess may have committed occurred when the company allegedly used an automated service system to send the texts to random numbers or sequentially. If this allegation is found to be true, Guess could be fined for further violations. Haghayeghi seeks to represent all affected consumers nationwide who received unsolicited text messages from Guess.

Overview of TCPA Violations

The TCPA was enacted by the U.S. Congress in 1991, amending the original Communications Act of 1934. Under the TCPA, companies are prohibited from making automated calls, using automated dialing systems, using an artificial or prerecorded voice system, sending spam text messages, and sending unsolicited messages through fax machines. Generally, representatives of companies are required provide their name, contact information, and the company they work for if they make contact with a recipient.

If companies are found to be in violation of the TCPA, the fees can range from $500 to $1,500. The lower end of the fees, $500, is reserved for unintentional violations of the TCPA, but the fees can rise up to $1,500 per violation if the company is found knowingly and willingly violating the TCPA.

Under the terms of the TCPA, companies must adhere to a number of requirements when calling customers:

• In accordance to local time, companies cannot call before 8 a.m. or after 9 p.m.
• Companies must maintain a “do-not-call” (DNC) list of consumers who asked not to be called, to be honored for 5 years.
• Companies are prohibited from calling with automated telephone equipment or an artificial or prerecorded voice to an emergency line, such as 911, a hospital emergency number, a physician’s office, a hospital or health care facility, a cellular telephone, or any service for which the recipient is charged for the call.
• Companies are prohibited from making autodialed calls that take up two or more lines of a multi-line business.

The Guess Text Messages Class Action Lawsuit is Farideh Haghayeghi v. Guess Inc., Case No. 3:14-cv-00020, in the U.S. District Court for the Southern District of California.

UPDATE: On Sept. 15, 2016, a settlement has been reached in the Guess TCPA class action lawsuit. Class Members will reportedly be eligible to receive $15 in cash or $30 in credit from the Guess settlement. Top Class Actions will post updates to this class action settlement as they become available.

UPDATE 2: The Guess text message class action settlement is now open! Click here to file a claim.

File a TCPA Lawsuit Today

If you received an unsolicited text message or cell phone call from an automated dialing machine, you have legal options. Please visit the Text Message Spam Cellphone TCPA Class Action Lawsuit Investigation. There, you can submit your claim for a free legal review and if it qualifies for legal action, a seasoned TCPA lawyer will contact you for a free, no-obligation consultation. You will be guided through the litigation process at no out-of-pocket expenses or hidden fees. The TCPA attorneys working this investigation do not get paid until you do.