A class action lawsuit accuses Rack Room Shoes of sending spam text messages, violating the Telephone Consumer Protection Act.
Maxwell Goldschmidt claims that Rack Room Shoes sent him numerous text messages over the course of 2017.
He claims that the text messages were sent in violation of the Telephone Consumer Protection Act because they were sent using an automatic dialing system with the intent to advertise Rack Room’s products. He claims that at no point did he give his consent to Rack Room to receive the text messages.
The Telephone Consumer Protection Act was established to protect individuals from invasive contact by businesses attempting to sell them goods and services. It limits telemarketing, prohibiting businesses from sending robocalls and text messages to consumers without their prior, express consent.
According to the TCPA, “telemarketing occurs when the context of a call indicates that it was initiated and transmitted to a person for the purpose of promoting property, goods, or services.”
Additionally, the Rack Room texts class action lawsuit notes that the TCPA requires that businesses receive prior express, written consent from an individual before contacting them via text message. The spam text class action lawsuit goes on to cite the TCPA’s requirement that businesses give individuals “clear and conspicuous disclosure of the consequences of providing the requested consent… and [the individual] having received this information, agrees unambiguously to receive such calls.”
According to Goldschmidt, Rack Room took no such action to be in compliance with the TCPA before contacting him via text messages on his personal cell phone.
Goldschmidt claims that the text messages he received constitute unlawful telemarketing also because they were sent using an automatic dialing system. The Rack Room text message class action lawsuit defines an automatic dialing system as a system “capable of making numerous text messages [or] calls simultaneously and without human intervention.”
According to the Rack Room Shoes telemarketing class action lawsuit, the text messages were obviously the product of an automatic dialing system because they originated from a “short code” as opposed to a full-length telephone number, and were impersonal and generic, indicating that they were intended for multiple people.
According to Goldschmidt, his receipt of the text messages caused him harm, including “invasion of his privacy, aggravation, annoyance, intrusion of seclusion, trespass, and conversion. [Rack Room’s] text message also inconvenienced [Goldschmidt] and sued disruption to his daily life.”
According to the autodialing class action lawsuit, Rack Room knowingly violated the TCPA in its practice of sending text messages to Goldschmidt and other consumers. Goldschmidt seeks all legally available remedies, including damages for himself and similarly affected individuals in the amount of up to $1,500 for each violation of the TCPA by Rack Room Shoes. He also seeks that Rack Room cease its unlawful practice of sending spam text messages to individuals.
Goldschmidt is represented by Manuel S. Hiraldo of Hiraldo PA.
The Rack Room Shoes TPCA Violation Class Action Lawsuit is Maxwell Goldschmidt v. Rack Room Shoes Inc., Case No. 1:18-cv-21220-KMW, in the U.S. District Court for the Southern District of Florida.
UPDATE: October 2019, the Rack Room 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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