Victoria’s Secret Hit With TCPA Class Action Lawsuit Over Text Spam

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Victoria’s Secret faces a potential class action lawsuit over allegations that the lingerie retailer violated the Telephone Consumer Protection Act by sending a customer 97 text messages in a single day.

Lead plaintiff Michael Hannegan of California claims he initially signed up for text alerts that would give him “members-only” offers last May. Under the terms of agreement for the promotional campaign, Victoria’s Secret stated that subscribers would be sent no more than six texts per month.

However, Hannegan says that one November day he received nearly 100 unwanted text messages from Victoria’s Secret that contained a generic non-personalized advertisement. The Victoria’s Secret class action lawsuit claims that the text messages were not only invasive but also violated the TCPA.

“Because the initial opt-in message that defendant sent to plaintiff stated that he would receive no more than six messages per month, any additional messages beyond the first six messages he received in any given month were unauthorized and sent without plaintiff’s consent in violation of the Telephone Consumer Protection Act,” the Victoria’s Secret text spam class action states.

If approved the Victoria’s Secret TCPA class action lawsuit would include all U.S. Class Members who were sent more than six text messages in a single month by the lingerie company.

Victoria’s Secret is one of many companies recently facing TCPA class action lawsuits.

Abercrombie & Fitch and its subsidiaries just recently agreed to pay $10 million in order to settle a TCPA class action lawsuit that alleged the companies sent text messages to customer’s cell phones without their consent. 

The Abercrombie TCPA class action lawsuit filed by lead plaintiff Anamaria Chimeno-Buzzi alleged that for two months she was sent 18 unsolicited text messages to her cellphone for the purpose of advertising upcoming sales.

And last May, the upscale retailer Lord & Taylor was hit with a text message class action lawsuit over claims that the company sent at least 10,000 individuals unsolicited text spam alerting them to an upcoming sale.

Plaintiff Michael Galpern claimed that Lord & Taylor customers have two ways to sign-up for text message alerts; one, by texting the word “SALE” to 95555 or two, by visiting the Lord & Taylor website and singing up via the “mobile alerts page.” Galpern claims he did neither, yet started receiving unwanted text messages from the retailer.

The Victoria’s Secret TCPA class action lawsuit is seeking $500 per TCPA violation for all potential Class Members as well as injunction that would require Victoria’s Secret to stop “all wireless spam activities.”

Hannegan is represented by Joseph Manning, Jr, Michael Manning and Phillip Bao Nghiem of The Law Offices of Joseph R Manning Jr APC.

The Victoria’s Secret Text Spam Class Action Lawsuit is Hannegan v. Victoria’s Secret, Case No. 8:16-cv-00125 in the U.S. District Court for the Central District of California.

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.