Toys ‘R’ Us Text Spam Class Action Lawsuit

Toys ‘R’ Us Text Spam Class Action Lawsuit

By Matt O’Donnell

Toys “R” Us Inc. violated the Telephone Consumer Protection Act by sending spam text messages to consumers’ cellphones, according to a class action lawsuit filed last week.

Plaintiff Tamar Estanboulian says he received an unsolicited text message from Toys “R” Us in February that offered a $20 LEGO discount and included a link to the retailer’s website. The text message was allegedly placed to Estanboulian’s cellphone via an automatic dialing system in violation of the TCPA, the class action lawsuit says.

Numerous companies have been hit with class action lawsuits for violating the federal law, which prohibits companies from contacting consumers on their cellphones using an automatic dialing system or with a pre-recorded voice message unless they received prior express consent. Many of these TCPA lawsuits are filed over so-called “text spam” messages that are sent to consumers as part of a marketing scheme.

Consumers who receive unsolicited text messages or cell phone calls can receive as much as $500 or $1,500 per violation if they can prove the company violated the law. The TCPA was enacted to protect consumers from telemarketing practices that cause them to incur wireless subscriber charges.  

Estanboulian is seeking statutory damages for a proposed class of all U.S. consumers who received an unsolicited Toys “R” Us text message within the past four years.

The case is Tamar Estanboulian v. Toys R Us Inc., Case No. 3:13-cv-00586, U.S. District Court for the Southern District of California.

Did you receive an unsolicited text message or cell phone call from a company? You may be eligible to participate in a free class action lawsuit investigation. Learn more at the Text Message Spam, Cell Phone Call TCPA Class Action Lawsuit Settlement Investigation. Compensation Specialists are standing by to review your claims for free. If you have a case, they will work on your behalf to secure a settlement. They don’t get paid unless you do.

Updated March 20th, 2013

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