Blenders Eyewear Class Action Says Company Sends Unwanted Text Ads

A Blenders Eyewear class action lawsuit claims the sunglasses company engages in illegal marketing practices by sending unwanted text ads to thousands of consumers.

As explained in the Blenders Eyewear class action lawsuit, plaintiff Tony Guerra received numerous text messages on his personal cellphone beginning on Dec. 30, 2018, from the defendant.

Those text messages were allegedly promotional in nature, notifying Guerra about sales taking place on the Blenders Eyewear website.

The Blenders Eyewear class action lawsuit says that Guerra has been on the national Do Not Call Registry since 2012 and at no time gave consent for these text messages. He claims that he was contacted using an automatic telephone dialing system, a program prohibited by the Telephone Consumer Protection Act.

According to the plaintiff, the company’s marketing practices are unsolicited and also cause aggravation, invasion of privacy, harassment, and daily life disruption for the consumers involved.

The Blenders Eyewear lawsuit was filed as a class action because of the plaintiff’s belief that many other consumers have been affected in a similar manner.

Guerra alleges that Blenders Eyewear used a program known as a “long code” to transmit text messages to him and other consumers. This process involves a number that looks like a regular telephone number in order to lead consumers into think they’re being communicated with personally.

According to the Blenders Eyewear class action lawsuit, however, these long code systems enable companies like the defendant to send mass text messages to consumers who never asked for them. The lawsuit claims that this is done using a system between gateway providers and private companies.

The gateway providers then send the messages to the phone number intended by the private company, Guerra claims.

The plaintiff in the Blenders Eyewear class action lawsuit says this allows companies to reach thousands of consumers quickly and easily, but in many cases, without the consent of those recipients.

The plaintiff is proposing that this Blenders Eyewear class action lawsuit be brought on behalf of two different Classes: a no consent Class of consumers who received an unsolicited text message at some point during the four year period prior to the lawsuit filing, and a Do Not Call Registry Class of consumers who were sent a text message more than once during a 12-month period after having their number listed on the registry for more than 30 days.

The Blenders Eyewear class action lawsuit seeks injunctive relief to stop the allegedly illegal behavior, statutory damages, and other available legal remedies.

Guerra is represented by Andrew J. Shamis of Shamis & Gentile PA and Scott Edelsberg of Edelsberg Law PA.

The Blenders Eyewear Unwanted Text Message Class Action Lawsuit is Tony Guerra v. Wise Gull Inc. d/b/a Blenders Eyewear, Case No. 0:19-cv-60390-BB, in the U.S. District Court for the Southern District of Florida.

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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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