Ralph Lauren Class Action Says Text Messages Violate TCPA

High-end clothing company Ralph Lauren has been hit with a class action lawsuit alleging the company violated the Telephone Consumer Privacy Act when it sent excessive text messages to consumers without their permission.

Lead plaintiff Patrick Hudson claims in the Ralph Lauren class action lawsuit that he opted to receive up to six text messages a month from the company; however, he ultimately received more than 30 messages in excess of what he consented to.

According to the Ralph Lauren class action lawsuit, after agreeing to receive up to six messages from the company a month in May 2015, the plaintiff received 10 messages in July 2016; seven messages in August 2016; seven messages in February 2017; 11 messages in March 2017; 10 massages in April 2017; eight messages in June 2017; seven messages in September 2017; 10 messages in November 2017; 10 messages in December 2017; and 10 messages in January 2018.

The Ralph Lauren class action lawsuit also alleges that none of the excessive follow-up text messages included instructions about how to opt out of the advertising.

“Although the May 17, 2015 text message included opt-out instructions, none of the text messages Defendants sent to Plaintiff in the months alleged included instructions on how to stop receiving text messages,” states the Ralph Lauren class action lawsuit. “In fact, the clear majority of text messages Defendants sent to Plaintiff failed to include such instructions.”

According to the Ralph Lauren class action lawsuit, the company used an autodialer in violation of the TCPA.

“Defendants’ use of an SMS code, the high volume’ of text messages that Defendants sent to Plaintiff, and the generic, impersonal nature of the text messages themselves indicate that Defendants utilized an automated telephone dialing system (‘ATDS’),” alleges the Ralph Lauren TCPA class action lawsuit.

The TCPA was enacted by Congress to protect consumers from annoying marketing calls. It was later expanded to include text communications.

Under the TCPA, companies are prohibited from calling, faxing, or messaging consumers with advertising messages without prior consent. Companies are also not supposed to use automatic dialing systems and engaging robocalling.

“Defendants’ practice of sending more telemarketing and/or advertising text messages than individuals consent to receive is far-ranging,” alleges the Ralph Lauren class action lawsuit. “Defendants have sent thousands of such text messages to thousands of individuals’ cellular telephones nationwide.”

The Ralph Lauren class action lawsuit seeks to represent those who received text messages from the company in excess of what they agreed to in the opt-in message as well as those who received text messages that did not include instructions about how to opt-out of the advertising.

The Ralph Lauren class action lawsuit is seeking statutory damages, that can total up to $1,500 per violation under the TCPA.

The class action lawsuit was originally filed in the Circuit Court of Cook County, Illinois, but was removed to federal court on July 3.

Hudson and the proposed Class are represented by William H. Beaumont of Beaumont Costales LLC.

The Ralph Lauren TCPA Class Action Lawsuit is Patrick Hudson v. Ralph Lauren, et al., Case No. 1:18-cv-04620, in the U.S. District Court for the Northern District of Illinois.

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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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