Lands’ End Class Action Lawsuit Accuses Retailer of TCPA Violations

Lands’ End Inc. is facing a class action lawsuit alleging it sent unsolicited fax advertisements in violation of the Junk Fax Protection Act of 2005 (JFPA), a law that updated the Telephone Consumer Protection Act of 1991 (TCPA).

Under the JFPA, a person or entity is prohibited from sending fax advertisements without the recipient’s prior express invitation or permission. The JFPA provides for statutory damages of $500 per violation.

Plaintiff Gorss Motels Inc. alleges Lands’ End sent it an unsolicited fax advertisement promoting logoed work apparel on Jan. 12, 2015.

According to the TCPA class action lawsuit, the fax described the commercial availability of Lands’ End products, goods and services. Gorss Motels says it did not give prior express consent or invitation for Lands’ End to send faxes to its fax machine.

Gorss Motels alleges in the TCPA class action lawsuit that the Lands’ End fax advertisements were sent to at least 40 other recipients who did not provide their express permission and who did not have an established business relationship with Lands’ End.

According to the junk fax class action lawsuit, recipients of unsolicited faxes are harmed in various ways. Receipt of an unsolicited fax involves the use of resources, including a fax machine, paper and ink toner. Further, receiving an unsolicited fax is an invasion of privacy and it wastes the recipient’s time.

“Unsolicited faxes prevent fax machines from receiving authorized faxes, prevent their use for authorized outgoing faxes, cause undue wear and tear on the recipients’ fax machines, and require additional labor to attempt to discern the source and purpose of the unsolicited message,” the Lands’ End TCPA class action lawsuit states.

Gorss Motels also argues that there is no reasonable means to avoid receiving unauthorized faxes, as fax machines must be left on in order to receive any urgent communications.

According to the TCPA class action lawsuit, the Lands’ End fax advertisements also failed to include a proper opt-out notice that informs the recipient about how to stop receiving fax advertisements in the future.

Gorss Motels seeks to represent a Class of persons who, in the last four years, were sent fax messages advertising the commercial availability or quality of Lands’ End property, goods or services, and from whom Lands’ End did not obtain “prior express invitation or permission” to send fax advertisements and/or which contained an opt-out notice that did not comply with TCPA requirements.

The TCPA class action lawsuit is seeking statutory damages of $500 per violation, or $1,500 per violation if the violations are found to be willful or knowing. Gorss Motels is also seeking pre-judgment interest, costs and other relief deemed appropriate by the court.

The plaintiff is represented by Aytan Y. Bellin of Bellin & Associates LLC and Brian J. Wanca of Anderson + Wanca.

The Lands’ End TCPA Class Action Lawsuit is Gorss Motels Inc. v. Lands’ End Inc., Case No. 3:17-cv-00010, in the U.S. District Court for the District of Connecticut.

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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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