Macy’s Class Action Lawsuit Alleges Unwanted Text Messages

A class action lawsuit claims that Macy’s sends spam text messages, violating the Telephone Consumer Protection Act.

Plaintiff Derrick Reaves, a Macy’s customer, says he visited the Macy’s website on March 22, 2018, and saw an advertisement stating that he would receive 25 percent off his purchase if he signed up for emails and texts.

He later discovered that the 25 percent discount did not apply to the purchase he made, but bought the items anyway.

After that, Reaves says he received a number of text messages from Macy’s to his phone, all of which said that he could text “STOP” in response to stop receiving text messages. According to Reaves, he texted “STOP” multiple times to Macy’s but he continued to receive text messages advertising Macy’s, its products, and its promotions.

The Macy’s class action lawsuit claims that Reaves received a total of four unsolicited messages from Macy’s after requesting that the company stop sending him text messages. In the Macy’s spam text class action lawsuit, Reaves seeks damages for himself and other similarly affected consumers, alleging that the texts were bothersome, decreased his enjoyment of his phone, and were time consuming to deal with.

He seeks to represent two Classes of consumers — one Class of consumers throughout the United States who received unsolicited text messages from Macy’s via an automated dialing system and one Class of consumers in New York who received the messages via automated dialing system.

The Macy’s robocalls, texts class action lawsuit claims that Macy’s practice of sending texts to Reaves and other consumers after they explicitly requested that the messages stop constitutes a violation of the Telephone Consumer Protection Act.

According to the TCPA, “unsolicited telemarketing calls or texts, by their very nature, invade the privacy and disturb the solitude of their recipients. A [person] alleging a violation under the TCPA ‘need not allege any additional harm beyond the one Congress has identified.’”

The Macy’s class action lawsuit claims that Macy’s text communications with consumers like Reaves constitutes spamming and violates the TCPA on a number of counts — most notably by sending text messages via an automated telephone texting system and sending messages when consent was explicitly revoked.

According to the TCPA, consumers who are sent spam messages or phone calls are entitled to receive $500 in compensation for each call or text made, or are entitled to receive actual monetary compensation for a TCPA violation, whichever amount is greater. Reaves seeks such compensation for himself and similarly affected consumers in New York and around the country.

The Macy’s robo-texting class action lawsuit alleges that Macy’s knowingly and willfully violated the guidelines of the TCPA in its communications with Reaves and other consumers. The plaintiff claims that this is shown by the fact that Macy’s texts to Reaves continued after he texted “STOP” to the Macy’s number to cease the messages, as directed by the company itself.

Reaves is represented by C.K. Lee and Anne Seelig of Lee Litigation Group PLLC.

The Macy’s Unlawful Spam Text Messages Class Action Lawsuit is Derrick Reaves v. Macy’s Inc., Case 1:18-cv-02032, in the U.S. District Court for the Eastern District of New York.

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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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