eBay Unit Must Release Texts in American Eagle TCPA Class Action

A Florida federal judge ordered eBay’s marketing services unit to turn over text messages it had sent to consumers on behalf of American Eagle Outfitters Inc. in a proposed class action lawsuit to determine whether American Eagle Outfitters is potentially liable for sending out text message spam and violating the federal Telephone Consumer Protection Act (TCPA).

U.S. District Judge Alicia Valle partially granted plaintiff Christopher L.’s motion to compel eBay Enterprise Marketing Solutions Inc. to comply with a subpoena for all alleged unsolicited text messages the company had sent on behalf of American Eagle after customers requested they stop. Judge Valle said any text messages eBay may have sent, at American Eagle’s behest, after individuals sent a request to stop receiving them is “relevant discovery” to determine whether the case can proceed as a TCPA class action lawsuitand determine the size of the potential Class.

Although eBay is not listed as a defendant in the TCPA class action lawsuit, the motion stated that the texts the Class is requesting “are essential to identify the class and to examine who bears ultimate or joint liability for sending the text messages after a STOP request.”

Christopher claimed in the TCPA lawsuit that after texting the word “Stop” on Nov. 22, 2013, he received a message from eBay, sent on American Eagle’s behalf, that it had received his message and would no longer send him texts. Despite this assurance, Christopher claimed he continued to receive text message spam from eBay later that month and again in December. He seeks to represent a nationwide Class of consumers who continued to receive text spam from American Eagle after they attempted to unsubscribe from the service.

In her ruling, Judge Valle said Christopher’s attorney agreed during a hearing to narrow the scope of his discovery request to require eBay to produce text messages from the company’s offline American Eagle database. By Dec. 1, the parties are to jointly select a third party vendor to copy American Eagle Outfitter’s database as well as select and develop search terms for an independent expert to review the American Eagle Outfitter’s database.

Unwanted Texts and the Telephone Consumer Protection Act

The TCPA was passed into law in 1991 to curtail certain kinds of invasive telemarketing practices. The TCPA and the FCC’s rules ban many text messages sent to a mobile phone using an autodialer. These texts are banned unless (1) you previously gave consent to receive the message or (2) the message is sent for emergency purposes. This ban applies even if you have not placed your mobile phone number on the national Do-Not-Call list of numbers telemarketers must not call.

The TCPA Text Spam Lawsuit is Case No. 14-cv-61058, in the U.S. District Court for the Southern District of Florida.

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.

Get a Free Case Evaluation Now