Class Action Accuses Hollister, Abercrombie & Fitch Of TCPA Violations

A Florida resident has filed a text message spam class action lawsuit against the clothing companies Hollister and Abercrombie & Fitch, Inc. for violations of the Telephone Consumer Protection Act (TCPA).

The TCPA bans companies such as Hollister and Abercrombie & Fitch from sending automated text messages to cellphones without first obtaining consent, according to the TCPA class action lawsuit.

Plaintiff Anamaria Chimeno-Buzzi alleges in the text spam class action lawsuit  that Hollister and Abercrombie & Fitch illegally contacted her and other consumers through SMS text messages to cell phones.

Chimeno-Buzzi claims she received over 18 unsolicited marketing texts or SMS messages advertising upcoming clothing sales from Hollister and Abercrombie & Fitch in a period of approximately two months.

According to Chimeno-Buzzi, she never gave consent to either company to contact her via her cell phone number and also claims that she had no ability to request that the SMS messages cease or to voice her complaint to a real person because the messages contained no method to opt out of such messages.

Chimeno-Buzzi is filing the TCPA lawsuit because she alleges the SMS messages were sent using an “automated telephone dialing system” since all the messages were sent from “743-722” which is a short code telephone number used by companies to message consumers in mass.

The Telephone Consumer Protection Act (TCPA)

The Telephone Consumer Protection Act (TCPA) is the main federal law that seeks to curb text message spam. Put as simply as possible, the TCPA bans 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 law specifically states that each illegal text message carriers a civil fine of between $500 to $1,500 per text.

It is estimated that in the United States alone, more than one billion text messages are sent everyday.  Many of these messages are unwanted and unsolicited by the recipient — a modern day version of junk mail.

For cell phone users, the problems are not simple annoyances only. Many cell phone carriers charge for received texts and the problem is amplified if the recipient is on a pre-paid cell phone plan.

Chimeno-Buzzi is seeking all actual damages and statutory damages of $500.00 to $1,500.00 per call/text message as well as injunctive relief for Hollister and Abercrombie & Fitch’s alleged violation of the TPCA and all reasonable court costs. She has demanded a jury trial for this case.

The Hollister, Abercrombie & Fitch TCPA Lawsuit is Anamaria Chimeno-Buzzi v. Hollister Co. and Abercrombie & Fitch Co. Case No. 1:14-cv-23120-MGC, U.S. District Court, Southern District of Florida, Miami Division.

UPDATE: A settlement has been reached to resolve the allegations in this class action lawsuit. 

UPDATE 2: On Aug. 29, 2016, Top Class Actions viewers who filed a claim for the Abercrombie TCPA class action settlement started receiving checks in the mail worth as much as $40.09! Congratulations to all our readers who submitted a claim and got PAID!

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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