The Container Store Class Action Says Text Ads Sent Without Consent

A class action lawsuit claims that The Container Store unlawfully sent text messages to potential customers and violated the Telephone Consumer Protection Act in doing so.

Plaintiff Jared Newman says that on April 21, 2019, he received a spam message from The Container Store advertising the company’s products.

Allegedly, this message was sent without Newman’s consent, and therefore violated the Telephone Consumer Protection Act (TCPA).

Newman says the message he received read “Container Store: Spring back in to savings! Reply Y to receive this year’s college offer & opt-in for autodialed marketing txt msgs to this mobile #. Consent not required to buy goods/services.”

Allegedly, this message was sent in violation of the TCPA, a law that aims to protect individuals from bothersome marketing messages, texts, and faxes sent by businesses to individuals’ phones, fax machines.

The Container Store class action lawsuit argues that the message received by Newman constitutes telemarketing, and therefore falls under the TCPA because the message “encouraged the purchase or investment in property, goods, or services, i.e. selling [Newman] storage and organizational products.”

Additionally, the message was allegedly sent to many people, which Newman claims is evidenced by the fact that the text was generic in nature, and was sent via a short code, which is used to send text messages en masse to many numbers.

The Container Store class action argues that short codes are used to send messages en masse while “deceiving recipients into believing that the message was personalized and sent from a telephone number operated by an individual.”

Allegedly, The Container Store is the subscriber and the sole user of the short code used to send Newman the message, and is financially responsible for it.

The Container Store class action claims that by sending this message to Newman without his permission, the company violated federal law. The TPCA requires that businesses receive an individual’s express, prior, written consent to send telemarketing messages like the one sent by Newman.

Newman claims that he and the many other consumers that received similar messages from The Container Store were injured by the company’s actions because they were inconvenienced, their privacy was infringed upon, and they were denied the use of their cell phones when these texts were sent.

The plaintiff seeks damages on behalf of himself and all other similarly affected consumers, claiming that The Container Store knew or should have known that sending the message was in violation of the Telephone Consumer Protection Act but did it nonetheless in an effort to increase its profits and encourage sales.

Newman is represented by Andrew J. Shamis and Garrett O. Berg of Shamis & Gentile PA, and by Scott Edelsberg of Edelsberg Law PA.

The Container Store Advertising Text Message Class Action Lawsuit is Jared Newman v. The Container Store Inc., Case No. 1:19-cv-21587-XXXX, in the U.S. District Court for the Southern District of Florida.

Read More Lawsuit & Settlement News:

Honey Bunches of Oats Class Action Says Cereal Isn’t Sweetened With Honey

Hurricane Insurance Claim Assistance May Be Available to Storm Victims

Audi Class Action Lawsuit Claims Coolant Pumps are Defective

Hernia Mesh Implant Problems Call Safety of their Use into Question

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.

GET A FREE CASE EVALUATION NOW