Cosmetic Company Colourpop Faces Text Message Advertising Lawsuit

According to plaintiff Anita J. of Florida, cosmetic company Colourpop may be one of the latest companies to violate consumer privacy rights as part of an advertising campaign.

Colourpop Text Message Advertising May Violate TCPA, Lawsuit Claims

Colourpop is a manufacturer, distributor, and online retailer selling cosmetics and beauty products. According to plaintiff Anita J., the company may use illegal methods to advertise their products and sales.

Anita claims that Colourpop sent unsolicited automated text messages to her and up to thousands of other consumers in an attempt to persuade consumers to purchase the company’s beauty products.

According to Anita, Colourpop sent her unsolicited text message advertising messages on Sept. 5, Sept. 12, Sept. 19, Sept. 26, and Oct. 1 of 2019. These messages contained information advertising new eyeshadow palettes, tinted moisturizer, false lashes, and seasonal collections.

In addition to the advertising regarding new products, the messages also contained information about sales and deals. These messages were sent from a short code, or a number used by a computer system to send text messages to phones.

Short codes are usually used by automated texting or calling systems. Under the terms of the Telephone Consumer Protection Act, businesses are prohibited from using these systems to contact consumers without their express prior consent.

According to Anita, she never gave Colourpop her consent to send text message advertising to her cell phone number. Additionally, she claims that these spam messages caused her actual harm. Anita claims to have wasted around 30 seconds reading each unwanted text message ad, and that the ads took up memory space on her cell phone, as well as depleted her battery life.

About the Telephone Consumer Protection Act

The TCPA prohibits telemarketers and businesses from using an automatic telephone dialing or texting system to contact consumers without their express prior consent.  An automatic dialing or texting system is a piece of software or equipment that allows a company to send pre-recorded or pre-typed messages to hundreds or thousands of consumers. These pieces of equipment make it easy for companies to contact hundreds or thousands of consumers at the same time, with minimal effort.

According to the Federal Communications Commission,  which enforces the TCPA, automated phone calls and text messages are a greater nuisance and invasion of privacy than solicitation calls made by a live person. In addition to the invasion of privacy and irritation caused by these messages, consumers may also be charged for incoming calls and texts, regardless of whether they have consented to receive them.

Consumers who have been subject to unsolicited and annoying text message advertising by companies may be able to hire a qualified attorney and file a class action lawsuit. Violations of the TCPA may be punishable by up to $500 to $1,500 per violation.

If victims are able to prove that these messages caused actual harm, and have a record of the automated calls or texts saved on their phone, they may be able to pursue compensation through a lawsuit.

Anita’s Colourpop Text Message Advertising Lawsuit is Case No: 0:19-cv-62438-RAR, in the United States District Court for the Southern District of Florida.

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This article is not legal advice. It is presented 
for informational purposes only.