L’Oreal class action claims retailer sends text messages even after consumers opt out

L’Oreal class action overview: 

• Who: L’Oreal USA Inc. is facing a class action lawsuit over its text message marketing.
• Why: The plaintiff in the class action claims text messages are repeatedly sent to potential customers even after those customers opt out.
• Where: The class action was filed in federal court in Arizona and applies across the United States.
• What are my options: Wish offers cosmetics alternatives to L’Oreal.

L’Oreal USA Inc. is facing a class action lawsuit over its text message marketing actions that was filed in federal court in Arizona.

The plaintiff claims to have received repeated text messages after attempting to opt out of the L’Oreal text messages, which the class action lawsuit claims is an “invasion of privacy, harassment, aggravation, and disruption of the daily life of thousands of individuals.”

The class would include all potential customers who have received the marketing text messages after opting out. Screenshots of plaintiff Rachael Gilburd’s text messages from L’Oreal were included in the L’Oreal class action lawsuit.

The plaintiff believes that the class can only be identified after receiving records from L’Oreal of call and text messages. But the damages sustained for the entire class includes millions of dollars, though the individual claims would be “too small to warrant the expense of individual lawsuits,” according to the L’Oreal class action lawsuit.

L’Oreal is required to keep an active do-not-call list, L’Oreal class action lawsuit states

The Telephone Consumer Protection Act requires businesses to keep an internal do-not-call list for those who opt out of marketing messages, the class action lawsuit states. It also requires those who make telemarketing calls on behalf of a company to be aware of how to use the list and how to record when a customer requests to opt out from the list.

The company is then liable for the actions of telemarketers on their behalf, which includes the L’Oreal text messages, the plaintiffs claim.

The plaintiff and class members are entitled to separately statutory damages of $1,500 for knowing and willful conduct and $500 for negligence for each violation, according to the class action lawsuit.

In early April, a New York federal judge dismissed an attempted class action lawsuit against L’Oreal that argued the company was attempting to make customers believe products were made in France by using French language.

Have you received marketing text messages after attempting to opt out? Let us know in the comments.

The plaintiff is represented by Manuel Santiago Hiraldo of Hiraldo PA.

The L’Oreal TCPA class action lawsuit is Gilburd, et al. v. L’Oreal USA Inc., Case No. 2:23-cv-00687-SRB, in the U.S. District Court for the District of Arizona.

Read About More Class Action Lawsuits & Class Action Settlements:

• Ringless voicemails (prerecorded voicemails) may violate federal law
• Receiving spam texts after opting out is a violation of federal law
• Build-A-Bear Workshop unsolicited text messages $4.1M class action settlement
• Resort sales companies hit with class action over telemarketing calls to National Do Not Call Registry members