Indochino Apparel Accused of Sending Cell Phone Spam Texts

A proposed class action lawsuit argues that a clothing company is responsible for sending illegal cell phone spam texts to consumers.

The cell phone spam texts lawsuit was brought by plaintiff David B., who argues that Indochino Apparel US Inc. has violated the Telephone Consumer Protection Act (TCPA) by using text messaging for marketing purposes without first getting the consent of the phone owners.

According to the lawsuit, the clothing company named in this case creates custom formalwear and suits for men. The company allegedly used telemarketing campaigns carried out via text messages alerting potential customers of sales and offerings from the company, but the consumer who brought the suit says he and others never consented to receiving the messages.

The National Association of Consumer Advocates explains that in light of the number of people who experience unwanted and disruptive text messages and phone calls by myriad companies, the TCPA makes it possible to file suit and hold companies accountable for violations of marketing laws.

The lawsuit seeks relief for the allegedly illegal conduct. The plaintiff argues that he was targeted by cell phone spam texts sent by the clothing makers and as a result suffered aggravation, harassment, invasion of privacy, and disruption of his daily life. In filing a proposed class action, he says it’s likely other consumers also received these same messages without granting permission.

Under the TCPA, the plaintiff seeks damages for each call made in violation of the TCPA completed by the Canadian company, which is also licensed to do business in Florida, the plaintiff’s home state.

In order for businesses to use phone numbers as a means of marketing with phone calls or texts, the company must first have consumers’ permission. Instead, many companies are accused of using a tool called an automatic telephone dialing system to call phone numbers en masse either through dialing or sending text messages.

The key issue in such cases is whether or not the company had prior express written consent for automated telemarketing calls. A person who received such calls or texts must have seen a clear disclosure about the use of this marketing and have consented to providing their phone number to a retailer like the clothing company mentioned above.

This particular lawsuit states that the plaintiff began getting telemarketing messages from the Indochino chain on Nov. 1, 2018. The plaintiff says he never gave permission to receive such text messages and that the company violated the TCPA by sending them to his personal cell phone number without consent.

The lawsuit alleges that the text messages appeared to come from a phone number associated with Indochino, but that the number is what’s known as a long code. A long code is a type of phone number that allows messages to be sent to thousands of consumers at the same time, even though it looks like the message has been personalized for the recipient. As such, the company might have violated the law in using an automatic telephone dialing system.

The Cell Phone Spam Lawsuit is Case No. 1:19-cv-23473, in the U.S. District Court for the Southern District of Florida.

Join a Free Text Message Coupon Class Action Lawsuit Investigation

If you have received coupons or sales advertisements in a text message from a restaurant or clothing retailer and your phone number is registered with the National Do Not Call registry, you may be entitled to compensation.

Learn More

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