Judge Won’t Dismiss Guess TCPA Text Spam Class Action

Guess Inc., a popular clothing retailer, is being sued in a TCPA text spam class action lawsuit for allegedly violating the Telephone Consumer Protection Act (TCPA) by sending unwanted text messages, known as text message spam, to a woman’s cell phone. Recently, the presiding federal judge ruled that this case would proceed despite Guess’ attempts to dismiss it.

On March 20, U.S. District Judge John A. Houston denied a motion by Guess to dismiss the TCPA class action lawsuit brought by Farideh H., finding that the retailer’s argument that Farideh gave permission to receive the text messages was without merit. The judge also denied a second argument by Guess that the plaintiff filed to plead sufficient facts and the case should therefore be dismissed.

Los Angeles-based Guess maintained that Ferideh relied on “a patchwork recital”of the TCPA and allege she failed to provide specific facts about whether or not the texts could have come from an autodialer.

Judge Houston ruled that Ferideh’s proposed TCPA class action lawsuit sufficiently conveyed that the nature of the texts could infer the use of an automatic dialing system, an electronic device that automatically dials telephone numbers and plays a recorded message or connects the call to a live person once the person answers the phone.

At least as far back as 2009, Guess and its agents began texting thousands of customers, including Ferideh, across the country with sales and marketing promotions, according to this text spam TCPA class action lawsuit. The plaintiff filed the TCPA lawsuit in January 2014, following four years of alleged unwanted text messages from Guess.

Farideh’s class action lawsuit claims that Guess invaded her privacy with its unsolicited text messages. Her text spam lawsuit notes that the messages were a clear violation of the TCPA ,as she did not give consent to receive them and they were not sent for emergency purposes. Receiving text messages also burdens the receiver because they must pay their cell phone carrier for each nessage received, according to her TCPA class action lawsuit.

Background on TCPA Violation Laws and Fines

Each violation of the TCPA carries up to a $500 fine to be paid by the transgressing company or solicitor, while each cell phone user who proves an intentional or willful violation is eligible to sue for up to $1,500 for each unlawful message.

The TCPA law, enacted in 1991, prohibits solicitations to residences before 8 a.m. or after 9 p.m. Solicitors are required to provide their name, as well as the name of the company they are calling, for in addition to a telephone number or address where the company can be contacted. Solicitors must also maintain a company-specific Do-Not-Call list, which is to be honored for five years.

Under the TCPA, using autodialing equipment to send calls to wireless phones without the prior consent of the cellphone user is prohibited. Under TCPA law, text messages are considered equivalent to telephone calls.

According to this text spam class action lawsuit, Ferideh seeks to represent all affected consumers nationwide who received unsolicited text messages from Guess. The judge has not yet ruled on whether he will certify the case as a TCPA class action lawsuit.

The Guess Text Messages Class Action Lawsuit is Case No. 3:14-cv-00020, in the U.S. District Court for the Southern District of California.

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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