Things Remembered Reaches Text Spam Class Action Settlement

The gift store chain Things Remembered Inc. has reached a class action lawsuit settlement in an Ohio federal court, resolving allegations that the store had sent illegal text messages in violation of the Telephone Consumer Protection Act (TCPA).

U.S. District Judge Christopher A. Boyko had overseen the Things Remembered text spam class action lawsuit, and when presented with all the evidence, ordered the TCPA lawsuit closed due to the confidential settlement the company proposed, and to be dismissed with prejudice. Representatives from Things Remembered have stated that the terms of the text messaging class action settlement have not been finalized.

The Things Remembered class action lawsuit was originally filed in August 2013 by Wendy Boylan, who stated that Things Remembered invaded her privacy by sending her unwanted cellphone advertising text messages, and had done the same to numerous consumers across the country. Boylan states that not only are the text messages annoying, but they also cost the consumers money because they must pay for each unwanted text.

According to Boylan’s text spam class action lawsuit, Things Remembered violated the TCPA by not only sending the messages without permission, but also by using an automated system to dial the numbers to send the texts. Using an automated system of any kind, to send unwanted or wanted messages, is a federal offense.

Boylan wanted to represent a class of all the affected consumers in a nationwide TCPA class action lawsuit, and she sought $1500 for each unwanted text. With the number of Class Members estimated to be in the thousands, the text messaging lawsuit reportedly cleared the $5 million threshold for federal court jurisdiction.

The TCPA lawsuit also sought to bar the company from sending similar messages in the future. As mentioned before, the terms of the class action settlement are still being finalized.

The Things Remembered Text Spam Class Action Lawsuit is Wendy Boylan v. Things Remembered Inc., Case No. 1:14-cv-00049, in the U.S. District Court for the Northern District of Ohio.

Overview of TCPA Violations

Under the TCPA, companies are prohibited from using automated dialing systems, using artificial or prerecorded voice messages, sending SMS text messages, and are not allowed to send unsolicited messages through fax machines. When companies call, the representatives must provide their name, contact information, and the company they work for.

If companies are found to be in violation of the TCPA, the fees can range from $500 to $1500. The lower end of the fees, $500, is for unintentional violations, but the fees will rise to $1500 if the company is found to be in willful violation. Regulations of the TCPA include:

• In accordance to local time, companies cannot call before 8 a.m. or after 9 p.m.
• Companies must maintain a “do-not-call” (DNC) list of consumers who asked not to be called, and this list is to be honored for five years.
• Prohibits any companies from sending automated telephone equipment or an artificial or prerecorded voice to an emergency line, such as: “911”, a hospital emergency number, a physician’s office, a hospital or health care facility, a cellular telephone, or any service for which the recipient is charged for the call.
• Prohibits autodialed calls that take up two or more lines of a multi-line business.

Join a Free TCPA Class Action Lawsuit Investigation

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. Learn more and see if you qualify for a legal claim at the Text Message Spam, Unwanted Cell Phone Calls TCPA Class Action Lawsuit Settlement Investigation.