Online Retailer Bellaochio Sued over Text Message Advertising

A recent lawsuit filed by plaintiff Nicole G. of Miami-Dade County, Fla. against online retailer Bellaochio Luxury claims that the company may utilize an automated texting system to send unsolicited advertisements to consumers. Nicole claims that the designer brand sales site sent her and other consumers text message advertising that violates the terms of the Telephone Consumer Protection Act, or TCPA.

Bellaochio is an online retailer selling brand name sunglasses, wallets, handbags, clothing, and accessories at a discount.

According to Nicole, between Feb. 22, 2019 and March 1, 2019, Bellaochio sent several advertising text messages to her cell phone. These automated messages allegedly advertised several sales, as well as including a coupon code for 20 percent off a purchase.

However, Nicole claims that she did not give Bellaochio written consent to contact her. Additionally, she claims that her number has been registered with the National Do Not Call Registry for over a decade and that she should be protected from receiving spam advertising texts or calls.

Nicole claims that the advertising texts sent by Bellaochio invaded her privacy and were harassing, aggravating, and disruptive to her and other class members covered by the lawsuit.

Nicole’s Bellaochio lawsuit covers a class of members who have received an automated text message or phone call from Bellaochio for the purpose of soliciting their business, without having given the company their consent to be contacted.

Text Message Advertising and Consumer Rights

If your number is registered with the National Do Not Call Registry, it may be illegal for retailers and restaurants to contact you via call or text message without your explicit prior consent.

Under the terms of the Do Not Call Registry, it is a violation of federal law for businesses to contact phone numbers that have been registered with the list without the express consent of the phone number holder. Phone calls, text message advertising, coupons, and other automatic forms of contact may be prohibited under the terms of the Registry.

About the TCPA and Do Not Call Registry

Consumers who have received text message advertising and coupons from retailers and restaurants may be able to pursue compensation if they can prove that these messages violate the Telephone Consumer Protection Act.

The Telephone Consumer Protection Act was signed into law in 1991 in order to protect consumers from harassment by solicitors contacting them via telemarketing calls and faxes. The TCPA is enforced by the Federal Communications Commission.

The Do Not Call Registry is a national list that consumers can sign up for. Consumers who sign their phone numbers up for the list are protected from being contacted by solicitors. Businesses who send spam calls or text message advertising to numbers listed on the Do Not Call Registry are in violation of federal laws and may be subject to fines and legal action.

Consumer who file lawsuits regarding TCPA and Do Not Call Registry violations may be entitled to compensation. Recent TCPA violation cases between consumers and companies including Abercrombie & Fitch, Sirius XM, and Simply Fashion have resulted in settlements of millions of dollars. Victims who hire a qualified attorney and file a class action lawsuit may be able to collect compensation for these nuisance calls and texts.

Nicole’s Bellaochio Lawsuit is Case No: 1:19-cv-23315-JAL, filed in the United States 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.