Guess TCPA Class Action Settlement Should Be Approved, Plaintiff Says

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A settlement has reportedly been reached in a class action lawsuit accusing Guess Inc. of violating the Telephone Consumer Protection Act by sending unsolicited text messages to consumers’ cell phones.

The TCPA prohibits companies from placing calls using an automated dialing system, using an artificial or prerecorded voice, and from sending spam text messages or faxes.

According to documents filed last week in California federal court, plaintiff Farideh Haghayeghi has asked a federal judge to grant preliminary approval to the Guess TCPA class action settlement and certify a Class of individuals who received unwanted text messages from Guess on or after Oct. 16, 2013.

Class Members will reportedly be eligible to receive $15 in cash or $30 in credit from the Guess class action settlement.

Between 200,000 and 250,000 consumers are estimated to be Class Members of the TCPA settlement. Class Members will be required to submit claims in order to receive settlement benefits. Only one claim will be permitted per cell phone number.

Haghayeghi filed the Guess TCPA class action lawsuit in January 2014, accusing the retailer of sending numerous text messages to her cell phone for four years without her consent.

One message she reportedly received in 2013 stated: “Our essential bandeaus are perfect for any summer look! Spend $75+ through 7/21 and get a bandeau with your purchase. Start shopping at GUESS.com.”

The Guess class action lawsuit alleges that the Guess text messages violated the TCPA because they were not sent for emergency purposes.

Further, they also cost many recipients money because their cell phone contracts require them to pay for each text message they receive.

Guess filed a motion to dismiss the TCPA class action lawsuit, but U.S. District Judge John A. Houston denied that request in March 2015.

Judge Houston rejected Guess’ argument that Haghayeghi consented to the text messages, finding that the plaintiff made a sufficient argument about the nature of the Guess texts and the use of an automatic dialing system.

The preliminary approval hearing is scheduled to take place on Nov. 7, 2016.

Top Class Actions will post updates to this class action settlement as they become available. For the latest updates, keep checking TopClassActions.com or sign up for our free newsletter. You can also receive notifications when this article is updated by using your free Top Class Actions account and clicking the green “Follow Article” button at the top of the post.

Haghayeghi is represented by Payam Shahian and Christine Lee of Strategic Legal Practices APC, Matthew R. Mendelson of Mazie Slater Katz & Freeman LLC and Hallen D. Rosner of Rosner Barry & Babbitt LLP.

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

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

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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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