Jetset Class Action Lawsuit: Magazine Sent Unwanted Text Ads

A class action lawsuit claims that the owners of Jetset Magazine violated the Telephone Consumer Protection Act by sending unwanted texts advertising the magazine and the “Miss Jetset” modeling competition.

The Jetset Magazine class action was filed by Sue Curran, an Arizona resident, who says she received multiple messages from Jetset, including one sent on Jan. 10, 2020.

Allegedly, the text message advertised the “Miss Jetset” modeling competition and read “We still need your modeling photos for consideration, upload them here:..” and provided a link to the magazine’s website.

The Jetset class action lawsuit claims that this message and others sent to Curran violates the Telephone Consumer Protection Act (TCPA), which limits telemarketing calls, texts, and voicemails sent to consumers.

Curran says the messages qualified as telemarketing because they were sent to advertise goods and services, including the Jetset magazine and the Miss Jetset modeling competition. 

The plaintiff notes that the TCPA prohibits businesses from sending telemarketing messages without first obtaining the consent of the recipient. Curran argues that she, and many other individuals who received the same messages, did not give their consent to receive the messages.

The Jetset magazine lawsuit goes on to say that these unwanted messages caused Curran and many other individuals injury because the recipients spent time and energy dealing with the messages. The messages allegedly also took up the use of their cell phone and data plans. 

The Jetset class action lawsuit also argues that Jetset used an autodialer to send the spam text messages to many people at once, which is prohibited under the TCPA. Allegedly, these messages were obviously sent to many people because of their general and impersonal content. 

Curran argues that Jetset Magazine and TDX Investments knew or should have known that the messages they sent were prohibited by the TCPA. The companies knowingly violated the TCPA and sent the messages nonetheless in the hopes of promoting their business, the plaintiff claims.

Curran argues that a class action suit is an appropriate way to litigate the Jetset TCPA claims because many people were similarly affected, and it would be impractical for each person to file individual claims. She seeks damages on behalf of herself and all other similarly affected individuals.

Do you get spam texts, calls, or voicemails that you did not sign up for? Tell us about them in the comments below.

Curran is represented by Frank S. Hedin of Hedin Hall LLP and by Philip L. Fraietta of Bursor & Fisher PA.

The Jetset Text Message Class Action Lawsuit is Sue Curran v. Jetset Magazine LLC, et al., Case No. 2:20-cv-00391-MTL, in the U.S. District Court for the District of Arizona.

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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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