American Eagle Outfitters TCPA Lawsuits Consolidated

Two text spam lawsuits alleging the popular clothing retailer American Eagle Outfitters (AEO) violated the Telephone Consumer Protection Act (TCPA) have been consolidated according to recent court documents.

In both TCPA lawsuits, American Eagle Outfitters Inc. is accused of violating TCPA statutes by allegedly sending unsolicited text messages advertising sales, promotions, coupons, and new merchandise to unsuspecting consumers. Plaintiffs Christina M. and Christopher L. both claim AEO sent text messages without their consent and that the company failed to obtain their consent in direct violation of the TCPA. Both plaintiffs filed separate TCPA lawsuits, which were recently consolidated.

One of the TCPA lawsuits specifically states that between Dec. 12, 2014 and Jan. 16, 2015, the plaintiff allegedly received at least five unsolicited text messages on his cell phone promoting an upcoming sale of a line of women’s lingerie called Aerie. The plaintiff claims he and others who received the unsolicited texts were caused aggravation and had to pay for receiving the texts through their respective wireless carriers.

Presiding U.S. District Judge Valerie Caproni ordered the consolidation of the two TCPA lawsuits during a status conference held on Jan. 21, and granted the plaintiffs’ request to add additional parties and also set the deadline for TCPA Class certification no later than Oct. 30.

The consolidated TCPA class action lawsuit against American Eagle Outfitters seeks compensation for the continued text spam they received from AEO after they attempted to unsubscribe from the service.

TCPA And Text Spam Violations

In recent years, marketers who have often felt hindered by federal laws limiting solicitation by telephone, fax machine, and e-mail have increasingly looked to alternative technologies through which to send bulk solicitations cheaply. One of the most prevalent alternatives is bulk advertising through so-called Short Message Services.

“Short Message Services” or “SMS” is a messaging system that allows for the transmission and receipt of short text messages (usually no more than 160 characters) to and from wireless telephones. According to a recent study conducted by the Pew Research Center, “Spam isn’t just for email anymore; it comes in the form of unwanted text messages of all kinds – from coupons to phishing schemes – sent directly to user’s cell phones.” In fact, “57% of adults with cell phones have received unwanted or spam text messages on their phone.”

Unlike more conventional advertisements, unwanted text message advertisements and promotions (also known as text spam) can actually cost their recipients money, as wireless phone users must pay their wireless service providers either for each text message call they receive or incur a usage allocation deduction to their text messaging plan, regardless of whether the message is authorized.

In 1991, Congress enacted the Telephone Consumer Protection Act (TCPA) in response to a growing number of consumer complaints regarding certain telemarketing practices. The TCPA makes it unlawful to make any calls, send any text messages, or send any faxes to consumers for commercial purposes without that consumer’s prior express written consent.

If a company is communicating with consumers in any of these ways without prior written consent, it is illegal and the consumer is entitled to receive a statutory penalty of at least $500 (up to $1,500) for each violation.

The consolidated American Eagle TCPA Class Action Lawsuit is Case No: 1:15-cv-00039-VEC, in the U.S. District Court for the Southern District of New York.

UPDATE: On Dec. 21, 2016, American Eagle Outfitters agreed to pay $14.5 million to resolve claims that it sent unsolicited text messages in violation of federal law.

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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