Things Remembered Hit with Text Spam Class Action Lawsuit

Things Remembered Hit with Text Spam Class Action Lawsuit

By Anne Bucher

A new class action lawsuit filed August 29 accuses gift store chain Things Remembered Inc. of sending tens of thousands of illegal text messages in violation of the Telephone Consumer Protection Act (TCPA).

Ohio-based Things Remembered offers personalized gift services such as engraving. There are more than 630 stores nationwide.

Plaintiff Wendy Boylan claims in the class action lawsuit that the gift store sent her numerous unsolicited text messages without her permission or consent. According to the class action lawsuit, she received a text message promoting the company’s personalized gift services on July 26. The message she received said: “Things Remembered: ‘I still get thanked for the gift I engraved. Five years ago.’ — Andy N., Cleveland, Ohio.”

Boylan alleges that thousands of consumers across the country were also subjected to these illegal text messages. 

“Over the course of an extended period beginning no later than July of 2013, defendant and its agents directed the mass transmission of text messages to cellphones nationwide,” she says in the Things Remembered class action lawsuit. Boylan claims that the messages were sent illegally via an automated system, in violation of the TCPA.

The TCPA was passed by the U.S. Congress in 1991. The law prohibits companies from using automated equipment to solicit consumers who have not given express consent. The TCPA also establishes strict penalties for companies who violate the law. 

Generally, any consumer who receives telemarketing calls, prerecorded phone calls, unsolicited faxes or unsolicited text messages could be eligible to receive $500 for each violation, and $1,500 for each willful violation of the TCPA. Because automated technology allows companies to contact thousands of consumers in a short period of time, a class action lawsuit is often an efficient method of seeking damages. 

Many cell phone plans charge customers for each incoming text message, even if the text message is unwanted. Boylan argues that the cost of receiving these text messages makes the violation more than just a nuisance. 

By filing the class action lawsuit, Boylan seeks to represent a class of U.S. consumers who received unsolicited text messages from Things Remembered. She seeks $1,500 in damages for each text message that was sent in violation of the TCPA. She also seeks an injunction to prohibit the company from sending similar text messages in the future.

Boylan is represented by Ronald A. Marron, Skye Resendes, Alexis Wood and Kas Gallucci of The Law Offices of Ronald A. Marron APLC.

The TCPA class action lawsuit is Wendy Boylan v. Things Remembered Inc., Case No. 3:13-cv-02020, in the U.S. District Court for the Southern District of California.

If you have received unsolicited text messages or phone calls, you could be eligible to receive compensation. For more information, visit the Text Message Spam, Cell Phone Call TCPA Class Action Lawsuit Settlement Investigation. When you submit information about your situation, a TCPA lawyer will conduct a free case review to determine whether or not you qualify to take legal action. If your TCPA lawsuit is successful, you could receive as much as $1,500 for each unsolicited phone call or text message you received. 

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