Cost Cutters Class Action Says Haircut Text Ads Violate TCPA

Regis Corporation d/b/a Cost Cutters has been hit with a class action lawsuit alleging the beauty salon sends text message advertisements that violate the Telephone Consumer Protection Act.

Plaintiff Ebrahim Maleki filed the TCPA class action lawsuit in effort to get Cost Cutters to stop its practice of sending unsolicited text messages to cell phones without the recipient’s prior express consent.

He alleges Cost Cutters even sends text messages to those who have registered their phone number on the National Do Not Call Registry.

“In an attempt to increase its bottom line, Defendant sends text messages to consumers using an autodialer on their cellular telephones without their express prior written consent in an effort to solicit their business,” Maleki alleges in the Cost Cutters class action lawsuit.

“Defendant conducted (and continues to conduct) a wide-scale telemarketing campaign that features the repeated sending of unwanted solicitation text messages to consumers’ cellular telephones without consent – and even to those who have requested that the text messages stop, all in violation of the Telephone Consumer Protection Act,” the Cost Cutters TCPA class action lawsuit continues.

Maleki asserts that these unwanted text messages cause the recipients aggravation and constitute an invasion of privacy. Additionally, he claims that the text messages result in wear and tear on cell phones, consumption of battery life, lost cellular minutes, and interference with the recipients’ use of enjoyment of their cell phones.

According to the TCPA class action lawsuit, Maleki began receiving a series of text messages promoting Cost Cutters starting around the beginning of 2017. He says he received these texts more than 31 days after his number was registered on the National Do Not Call Registry.

Shortly after receiving the unwanted texts, Maleki says he called a representative at the number from which the texts were sent and demanded the text messages stop. Although the text messages temporarily stopped, Maleki says he again began receiving unwanted Cost Cutters promotional text messages.

Maleki alleges he received at least 18 unwanted text message, including 10 solicitation text messages that were allegedly sent within a time span of one minute.

“In sending these text messages, Defendant took no steps to acquire the prior express written consent of Plaintiff or the Class Members who received the unsolicited text messages,” Maleki alleges in the TCPA class action lawsuit. He also claims that Cost Cutters continued sending spam text messages to consumers even after they expressly demanded that Cost Cutters stop sending the texts.

The Cost Cutters text message spam was allegedly sent using an automatic telephone dialing system, which allows Cost Cutters or its agents to store, produce and dial random or sequential numbers without human intervention.

According to the Cost Cutters class action lawsuit, the TCPA was enacted to protect consumers from unwanted telephone communications such as the alleged text message spam sent by Cost Cutters.

By filing the Cost Cutters class action lawsuit, Maleki seeks to represent himself and a Class of consumers who received unwanted text messages on behalf of Cost Cutters within the last four years. He also seeks to represent a Class of consumers who demanded the text messages stop and a Class of consumers who allegedly received the Cost Cutters text message spam despite being registered on the National Do Not Call Registry.

Maleki is represented by Karin Ciano of Karin Ciano Law PLLC and by Stefan Coleman.

The Cost Cutters Text Message Spam Class Action Lawsuit is Ebrahim Maleki v. Regis Corporation d/b/a Cost Cutters, Case No. 0:17-cv-05558-JRT-TNL, in the U.S. District Court for the District of Minnesota.

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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