TCPA Class Action Claims Lord & Taylor Sent Unsolicited Texts

A proposed TCPA class action lawsuit has been filed by a New Jersey resident who claims the upscale retail company Lord & Taylor sent unsolicited text messages to more than 10,000 individuals. Lead plaintiff Michael Galpern claims the company began sending sales alerts via text messages in 2013, even though many customers never gave their consent.

Under the Telephone Consumer Protection Act (TCPA), consumers must give prior express consent to receive advertising text messages and companies must keep evidence of consent for at least four years.

Galpern’s TCPA class action lawsuit claims Lord & Taylor has created two ways for customers to give their express consent for text message alerts; one, by texting the word “SALE” to 95555, or two, by visiting the Lord & Taylor website and signing up for the text alerts via the Lord & Taylor Mobile Alerts page. Galpern alleges he did neither, yet still began receiving alerts in April of 2014.

The proposed TCPA class action lawsuit reports a typical unsolicited text message that Galpern received was “L&T: Hurry! Friends & Family sale ends Monday! 20% off PLUS 10% off cosmetics w/AAAXYAI. Details: See store.” Galpern states that not only were the unsolicited text messages a nuisance, they also cost him money in data charges.

If approved, the Lord & Taylor TCPA class action lawsuit would seek financial compensation for each Class Member in the amount of $500 for each negligent violation of the TCPA and $1,500 for each willful violation of the TCPA.

Telephone Consumer Protection Act Violations

Congress enacted the TCPA as a way to protect consumers from telemarketers and companies who use automatic dialers to deliver prerecorded messages. With the exception of debt collection, businesses must obtain the “express consent” of customers in order to place phone calls or send text messages. Under the TCPA, “express consent” means a written agreement.

Businesses that are found to be in violation of the TCPA can be fined $500 to $1,500 for each violation. Because companies often try to contact many customers at once, the financial payout can be substantial.

Text message spam is just one of many TCPA violations. Others include:

• Robocalls with prerecorded messages
• Unsolicited advertising faxes
• Using an automatic telephone dialing system to place the call
• Calls to homes before 8 a.m. or after 9 p.m. local time
• Calls to consumers who specifically ask the company not to call them
• Calling consumers placed on the National Do Not Call Registry
• Failing to identify the person or entity on whose behalf the call is being made

TCPA Lawsuits

Numerous TCPA class action lawsuit settlements have awarded plaintiffs millions of dollars in recent years. If you can prove that you received an unwanted phone call, text spam, or experienced any other of the TCPA violations, contact a TCPA lawyer to find out if you have a legal claim.

The Lord & Taylor TCPA Class Action Lawsuit is Galpern V. NRDC Equity Partners LLC et al., Case No. 1:15-cv-03255 in the U.S. District Court for the District of New Jersey.

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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