Build-a-Bear Sent Text Messages to Do Not Call Registry Members Without Consent, Class Action Says

Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.

Build-a-Bear Do Not Call Registry Class Action Lawsuit Overview: 

• Who: Benjamin Ruby filed a class action lawsuit against Build-a-Bear Workshop, Inc.
• Why: Plaintiff alleges Build-a-Bear violated the Telephone Consumer Protection Act (TCPA) and its regulations by sending two or more text messages to members of the Do Not Call Registry without their consent in a 12-month period.
• Where: The class action lawsuit was filed in Missouri federal court.

Build-a-Bear violated the Telephone Consumer Protection Act (TCPA) and its regulations by sending two or more text messages to members of the Do Not Call Registry without their consent in a 12-month period, a new class action lawsuit alleges.

Plaintiff Benjamin Ruby is a member of the Do Not Call Registry. He claims Build-a-Bear sent him unwanted text messages after he expressly and repeatedly revoked his consent. By continuing to send unwelcome text messages to Ruby after he revoked consent, Build-a-Bear violated the TCPA and its regulations, according to the lawsuit. 

“In the early 1990s, Congress enacted the TCPA to protect consumers’ privacy rights, namely, the right to be left alone from unwanted telemarketing calls. A leading sponsor of the TCPA described unwanted telemarketing calls as ‘the scourge of modern civilization,’” the class action lawsuit states. 

Class Action Claims Build-a-Bear Sent Text Messages to Do Not Call Registry Users After They Opted Out

The plaintiff’s allegations stem from his purchase of three stuffed animals through Build-a-Bear’s website in August 2020. To the best of his knowledge, the plaintiff was not aware of consenting to receiving text messages from Build-a-Bear.

In November 2020, Build-a-Bear began texting Ruby text messages to his mobile phone via SMS short code 34345. Each text started with the abbreviation “BABW,” short for “Build-a-Bear Workshop.” The text messages promoted the sale of stuffed animals and supplied short hyperlinks to the Build-a-Bear website or social media. 

Ruby responded to opt out of the messages at least nine times and received confirmation texts that he would no longer receive messages, according to the lawsuit. However, he continued to receive them. 

According to its Global Privacy Policy as of January 2021, Build-a-Bear “honors a ‘once out—always out’ policy. Once you opt out, you are opted out of that type of communication and that brand until we are explicitly told in writing to opt you back in.” 

However, Ruby’s efforts to opt out of text messages show that Build-a-Bear’s systems for opting out are nonfunctional and that consumers were powerless to opt out of Build-a-Bear’s text messages, according to the lawsuit.

“Plaintiff maintained his registration on the Do Not Call Registry because he did not want to receive unwelcome and annoying communications like the text messages he received from

Build-a-Bear,” the lawsuit states. “Plaintiff was annoyed by the text messages he received from Build-a-Bear. He felt that the text messages, particularly after his repeated requests to opt out, were intrusive and that they interfered with his use and enjoyment of his telephone.”

The plaintiff brings this action on behalf of himself and all natural persons residing in the United States who (1) registered their telephone number(s) with the Do Not Call Registry; (2) at least 31 days after Do Not Call registration and in the four years prior to the filing of this lawsuit, received two or more text message solicitations from Build-a-Bear within a 12-month period; and (3) prior to receiving such text message solicitations, had revoked consent to receiving such text message solicitations from Build-a-Bear. The Class is likely to consist of at least 40 and possibly hundreds of individuals. 

The plaintiff and the class accordingly demand judgment against Build-a-Bear for statutory damages, treble damages, attorney fees and costs and any other relief provided by law. This includes no less than $500 per violation, and up to $1,500 per each violation determined to be willful, according to the TCPA.

Have you received text messages from Build-a-Bear after opting out? Let us know in the comments! 

The plaintiff is represented by David T. Butsch and Christopher E. Roberts of Butsch Roberts & Associates LLC and Shawn J. Wanta and Scott Moriarity of Baillon Thome Jozwiak & Wanta LLP. 

The Build-a-Bear Do Not Call Registry Class Action Lawsuit is Ruby, et al. v. Build-a-Bear Workshop, Inc., Case No. 4:21-cv-01152-JAR, in the U.S. Circuit Court of St. Louis County, State of Missouri.

Read About More Class Action Lawsuits & Class Action Settlements:

• Tired of Auto Dealer Text Messaging?
• Grocery Service Harasses Consumers With Telemarketing Calls, Class Action Says
• Australia Justice Says US, UK Passengers Can Join Class Action Against Carnival and Princess Cruise Lines for Ruby Princess COVID-19 Outbreak
• Marijuana Dispensary’s ‘Aggressive’ Unsolicited Text Marketing Is Illegal and Invades Privacy, a New Class Action Lawsuit Alleges