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New York & Company class action lawsuit overview:
- Who: Plaintiff Ruhi Reimer filed a class action lawsuit against New York & Company Inc.
- Why: New York & Company allegedly continued to send Reimer promotional text messages after he opted out of the communications.
- Where: The New York & Company class action lawsuit was filed in Virginia federal court.
- What are my options: Try Newchic as an alternative to New York & Company.
New York & Company Inc. unlawfully continued to send promotional text messages after a plaintiff opted out of the communications, according to a class action lawsuit filed June 7 in Virginia federal court.
Plaintiff Ruhi Reimer says he signed up for promotional New York & Company text messages because he was interested in buying gifts for family members.
After receiving “dozens of promotional text messages,” he says, he sent written correspondence to the company indicating he no longer wanted to receive New York & Company text messages and he requested a copy of the retailer’s Do Not Call Policy.
However, Reimer says he continued to receive New York & Company text messages even after he sent three written requests to the company asking it to stop texting him. He notes that his cell phone number is also listed on the National Do Not Call Registry.
“In total, defendant sent no less than twenty-five (25) unwanted promotional text messages to plaintiff’s cellular phone after plaintiff initially requested that defendant cease all telephonic communications with plaintiff in May 2022,” the New York & Company class action lawsuit states.
New York & Company text messages violate TCPA, plaintiff argues
Reimer claims the unwanted New York & Company texts violate the Telephone Consumer Protection Act (TCPA), which prohibits companies from sending telephone solicitations to numbers listed on the National Do Not Call Registry.
He says the retailer willfully ignored his request to opt out of the promotional text messages and continued to send the unwanted communications.
The TCPA imposes statutory damages of $500 per violation and $1,500 per willful violation of the law.
The class action lawsuit seeks statutory damages on behalf of the class for each text message or call sent in violation of the TCPA and the Virginia Telephone Privacy Protection Act.
New York & Company has faced class action claims in the past.
In 2019, New York & Company settled a fake sale class action lawsuit alleging it used a deceptive pricing scheme to dupe consumers into thinking they were getting merchandise at a discount.
Have you received promotional New York & Company text messages after opting out? Tell us about your experience in the comments!
Reimer is represented by William P. Robinson III of Robinson Law and Mohammed O. Badwan of Sulaiman Law Group Ltd.
The New York & Company texts class action lawsuit is Ruhi Reimer, et al. v. New York & Company Inc., Case No. 1:23-cv-00740, in the U.S. District Court for the Eastern District of Virginia, Alexandria Division.
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7 thoughts onNew York & Company class action alleges retailer continues to send text messages after customers opt out
Please add me
I shopped for years at New York and Co
When the stores closed I was sad when I ordered online it would take months to get a c there return policy was horrible I would use coupons but then the clothes were highly overpriced and the sales we’re not a great value
I spent thousands of dollars there because of the fake prices and coupons the sizing very generous
I shopped for years at New York and Co
When the stores closed I was sad 😢 when I ordered online it would take months to get and their return policy was horrible I would use coupons but then the clothes were highly overpriced and the sales we’re not a great value
I spent thousands of dollars there because of the fake prices and coupons the sizing very generous
I receive messages constantly! Please add me!
I opted out from text messages still received texts
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I received text messages from New York and Company a whole year after opting out and blocking them as well as hiding the alerts. It got so irritating that I quit shopping with them.