Men’s Wearhouse Will Pay $1.8M to Settle Advertising Texts Class Action

Men’s Wearhouse has agreed to pay $1.8 million to resolve a spam text class action lawsuit that alleged that the clothing company violated the Telephone Consumer Protection Act.

Men’s Wearhouse continues to deny any wrongdoing, but agreed to settle the class action to avoid continued costs and risks of litigation.

Per the terms of the settlement, Men’s Wearhouse will pay a $20 voucher that can be used in the store or redeemed for $10 in cash to each customer who received text messages from the company that they did not consent to receive.

The Men’s Wearhouse TCPA violations class action lawsuit was filed in February 2016 by Anthony Oliver. Oliver claims that he signed up for the company’s mobile alert program, in which he consented to receive no more than three text messages per week from the company.

The plaintiff says he received an initial text confirming that he wanted to participate in the program, and following the confirmation text, he received more than the agreed number of texts.

Oliver claims that all consumers who signed up for the mobile alert program received more than the agreed-upon texts per week from the company, and that the company has violated the TPCA in each case.

According to the Men’s Wearhouse class action settlement, the text messages beyond the three per week represent a violation of the Telephone Consumer Protection Act.

The TCPA prohibits businesses from sending people text messages without their prior express consent, and as Oliver says he had not “explicitly consented to receive” more than three texts per week from the company, the company’s practice of sending more than the agreed-upon number of texts represents a violation of the TCPA.

In June 2016, Men’s Wearhouse attempted to have the TCPA violations class action lawsuit tossed. The company argued that Oliver lacked standing to claim that they had violated the TCPA. However, the court denied the request for dismissal saying that Oliver had sufficiently alleged a violation.

Both Oliver and Men’s Wearhouse then requested the court to make a summary judgement on whether or not the messages above three per week had been sent with the consent of Oliver and other consumers who had signed up for the mobile alert program.

In December, the California court determined that Men’s Wearhouse had sent the excessive text messages without Oliver’s consent.

Following this determination, the plaintiff and the company began to attend mediation and negotiate a settlement that resulted in the deal struck Tuesday.

Under the proposed Men’s Wearhouse class action settlement, Oliver will receive $5,000 for his role as lead plaintiff, and the Class counsel will receive $450,000, a quarter of the $1.8 million fund.

Top Class Actions will post updates to this class action settlement as they become available. For the latest updates, keep checking TopClassActions.com or sign up for our free newsletter. You can also receive notifications when this article is updated by using your free Top Class Actions account and clicking the “Follow Article” button at the top of the post.

Oliver is represented by David C. Parisi of Parisi & Havens LLP and Eugene Y. Turin of McGuire Law PC.

The Men’s Wearhouse Spam Text TCPA Violation Class Action Lawsuit is Oliver v. The Men’s Wearhouse Inc., Case No. 2:16-cv-01100, in the U.S. District Court for the Central District of California.

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