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A Florida woman says that she and other consumers were bombarded with annoying marketing texts from the retail company Express.
Lead plaintiff, Angela Park, says Express sent “repeated and harassing telemarketing” messages to her and other consumers in a nationwide class action lawsuit filed yesterday. Park notes that she never told Express that it could text her so the company violated the Do Not Call registry with its spam messages. In addition to the texts, the clothing company allegedly used prerecorded messages and automatic dialers to place calls.
Parks claims that in March of 2020, she started receiving marketing from Express on her cell phone. After getting a second message a few days later, she says she sent a “STOP” message as instructed to stop the telemarketing, but the calls kept coming. Thirty eight unwanted messages later Parks has filed suit.
The class action lawsuit accuses Express of violating the Telephone Consumer Protection Act (TCPA). Enacted in 1991, the TCPA protects consumers from annoying telemarketing activity, including receiving marketing calls after certain hours, requiring marketers get the consent of consumers to place calls or send texts, and restricting the use of prerecorded messages and autodialers. The TCPA also offers a lifeline to consumers fed up with telemarketing calls – the Do Not Call registry. Merchants are prohibited from using numbers listed on the registry.
The penalties for violating the TCPA can be steep – up to $1,500 per message sent in violation of the law. Indeed, companies that have sent thousands of marketing texts can find themselves on the hook for potentially millions in TCPA fines.
The class action lawsuit seeks to represent a nationwide class of consumers who received unwanted text messages between Feb. 25, 2017, and the present, along with subclasses of consumers who were on the National Do Not Call registry and those who asked Express to stop sending messages.
Parks is seeking damages, including up to $1,500 per text send by Express in violation of the TCPA. In addition, the plaintiff wants a court order stopping the clothing company from continuing to spam consumers.
Have you gotten telemarketing text from Express? Tell us about it in the comment section below.
Lead plaintiff, Angela Park, and proposed Class Members are represented by David P. Mitchell of Maney & Gordon, P.A. and Young Kim of Consumer Law Attorneys Corp.
The Express Annoying Texts TCPA Class Action Lawsuit is Park v. Express, LLC, Case No. 8:21-cv-00452, in the U.S. District Court for the Middle District of Florida.
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56 thoughts onExpress Texts Itself Into a Nationwide TCPA Class Action Lawsuit
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Please add me to this class action against EXPRESS TEXTS case 8:21-cv-00452. Thanks.