Fragrance Co. Accused of Spam Text Messages in TCPA Class Action Lawsuit

A recent TCPA class action lawsuit claims that FragranceNet.com uses unsolicited spam text messages to advertise their promotions.

Plaintiffs Kimberly Shears-Barnes and Stacy Marner claim they received multiple unsolicited text messages from the fragrance company. According to the plaintiffs, these texts were sent to advertise FragranceNet.com’s goods and services.

Shears-Barnes says she received a text message in November 2019 advertising the website’s “Twilight SALE.”

“Shop 30% off tonight with code MOBILE30,” the text read. The spam texts allegedly noted that the coupon “ends 11/19” and encouraged Shears-Barnes to “shop now.”

Marner says she received several similar spam text messages in December 2019. These text messages allegedly encouraged Marner to utilize coupons for $35 gifts and 33 percent off. The text advertising 33 percent off called the coupon “A deal so nice, we’re doing it twice!” The $35 gift coupon was accompanied by a message encouraging Marner to “Hurry – this deal will be gone in a FLASH!”

According to the TCPA class action, Marner received several other spam texts through the end of January 2020. Like the previous text messages, these texts included holiday deals and other specials. “HALFway through the week deserves HALF OFF specials,” one text noted. “Bring in the New Year with a SALE,” another message encouraged.

The plaintiffs claim that these text messages were sent using an automatic dialing system. The impersonal text and shortcode number allegedly provides credence to this argument.

“The language in the message was automatically generated and inputted into a pre-written text template without any actual human intervention in the drafting or sending of the message; the same exact message was sent to thousands of other consumers,” the TCPA class action lawsuit claims.

Because these text messages were sent using an automatic dialer, the plaintiffs claim, countless other consumers must have been sent similar text messages. Based on this allegation, they seek to represent a Class of people who received spam text messages from FragranceNet.com within the past four years despite not having consented to the texts.

The FragranceNet.com TCPA Class Action Lawsuit is Shears-Barnes, et al. v. FragranceNet.com Inc., Case No. 1:20-cv-00846-PKC-RER, in the U.S. District Court for the Eastern District of New York.

How To Stop Spam Text Messages

Spam text messages may be in violation of TCPA, giving aggravated consumers an opportunity to take action by filing class action lawsuits.

One of the first things that consumers can do is report the spam texts to the Federal Trade Commission (FTC). If these texts are part of a scam, the agency may be able to track down the perpetrator and hold them accountable.

Other simple steps include blocking the sender’s number, telling the sender to stop, and reporting the number to the consumer’s cellular carrier.

Although these steps may be effective, there is further action that consumers can take. By consulting with an experienced attorney, consumers can determine if they are eligible for legal action under TCPA. The federal law permits up to $1,500 in damages for each TCPA violation, meaning that consumers could collect significant compensation for unsolicited spam text messages.

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

This article is not legal advice. It is presented
for informational purposes only.