Hollister Class Action Says Marketing Texts Violate Law

A recent class action lawsuit claims that Hollister sends unsolicited text messages to consumers in violation of federal law.

Plaintiff Jessica Troup says she received telemarketing messages from Hollister between April 15, 2016 and April 22, 2016.

The messages advertised Hollister’s HCo program and informed Troup that she could receive an “awesome surprise offer” by consenting to receive text messages.

“Defendant’s unsolicited text messages caused Plaintiff actual harm, including invasion of her privacy, aggravation, annoyance, intrusion on seclusion, trespass, and conversion,” Troup claims. “Defendant’s text messages also inconvenienced Plaintiff and caused disruption to her daily life.”

The text messages were allegedly sent from a “short code” which is a five digit code that is used to send mass SMS text messages.

SMS gateway providers send messages in bulk for companies like Hollister by sending and receiving SMS traffic to and from mobile phone networks’ SMS center.

Troup claims that Hollister entered into a contractual agreement with a short code company to send thousands of text messages at once.

The Hollister class action argues that the unsolicited text messages from Hollister are a violation of the federal Telephone Consumer Protection Act (TCPA).

The TCPA is a federal law that aims to protect consumers from harmful telemarketing behaviors. The act prohibits sending unsolicited text messages, calling consumers using an autodialer or prerecorded voice without their consent, calling or texting numbers on the national or company Do Not Call Registry, sending junk faxes, and more.

Consumers are entitled to take legal action against companies if they have violated TCPA. The law allows plaintiffs to recover between $500 and $1,500 per violation – adding up to large amounts of compensation.

Troup seeks to represent two Classes in her Hollister TCPA class action, including the No Consent Class and the Do Not Call Registry Class.

The No Consent Class includes individuals who were sent a text message from Hollister advertising their membership within the last four years and had not given prior express written consent to the company for these messages.

The Do Not Call Registry Class includes individuals who, within the last four years, were sent more than one text message from Hollister within a 12 month period and who registered their number on the Do Not Call Registry for at least 30 days before receiving the text message advertising Hollister’s services and products.

Members of this Class should not have given prior express written consent to Hollister to call or text them with telemarketing messages.

The Hollister TCPA class action lawsuit seeks actual damages, statutory damages, declaratory judgement, court costs, and attorneys’ fees.

Troup and the proposed Class Members are represented by Andrew J. Shamis of Shamis & Gentile PA; Michael Eisenband of Eisenband Law PA; Manuel S. Hiraldo of Hiraldo PA; Scott Edelsberg and Jordan D. Utanski of Edelsberg Law PA; and Ignacio J. Hiraldo of IJH Law.

The Hollister TCPA Class Action Lawsuit is Troup v. Abercrombie & Fitch Stores Inc. d/b/a Hollister Co., Case No. 6:19-cv-00779-CEM-GJK, in the U.S. District Court for the Middle District of Florida.

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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.

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