Drybar Class Action Challenges Advertising Texts

A Florida woman has lodged a class action lawsuit against Drybar, a beauty chain specializing in blowouts, alleging the company inundated her and other consumers with unwanted text messages.

Lead plaintiff Carrie Henry claims that Drybar has harassed thousands of consumers in an attempt to sell its hairstyling products and services.

The harassment, in the form of unwanted text messages sent to consumers’ mobile phones, violates the Telephone Consumer Protection Act, says the plaintiff.

Drybar is a nationwide chain that touts its ability to provide a specialized service – the blowout. Blowouts are a way to straighten and provide volume to women’s hair. The company also sells various products related to its blowout service.

Henry says that she received an unsolicited message from Drybar touting a type of shampoo on April 11, 2019.

According to the Drybar class action lawsuit, the plaintiff never gave Drybar consent to send advertising text messages to her phone. She says that she was not the only one to receive spam texts from Drybar – many other consumers received the unwanted messages.

“Plaintiff seeks injunctive relief to halt Defendant’s illegal conduct, which has resulted in the invasion of privacy, harassment, aggravation, and disruption of the daily life of thousands of individuals,” states the Drybar class action lawsuit. “Plaintiff also seeks statutory damages on behalf of herself and members of the class, and any other available legal or equitable remedies.”

The Telephone Consumer Protection Act, or TCPA, is a federal law that protects consumers from aggressive telemarketers, including not only traditional phone calls, but also faxes and spam text messages. Under the TCPA, those sending advertising messages must have prior express consent to send the ad to the consumer’s phone number.

The TCPA also restricts the use of automatic dialing systems and prerecorded messages. The national Do-Not-Call Registry was also set up under the TCPA.

Fines under the law are steep, ranging from $500 to $1,500 per violation. If a company is found to have sent advertising messages to thousands of consumers in violation of the TCPA, they can be assessed a fine for each of those unwanted messages.

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

The Drybar class action lawsuit seeks to represent a nationwide Class of consumers who, within the past four years, were sent a text message from the hairstyling chain when they did not provide express permission for the ads.

The plaintiff is seeking the steep fines available under the TCPA on behalf of the Class Members, as well as a court order stopping Drybar from sending such messages in the future.

Henry and the proposed Class are represented by Robert Ahdoot and Bradley K. King of Ahdoot & Wolfson PC, Andrew J. Shamis of Shamis & Gentile PA, and Scott Edelsberg of Edelsberg Law PA.

The Drybar Advertising Text Messages Class Action Lawsuit is Carrie Henry v. Drybar Holdings LLC, Case No. 8:19-cv-00977, in the U.S. District Court for the Central District of California, Southern Division.

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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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