Ralph Lauren Cell Phone Text Spam Lawsuit to Move Forward

Fashion company Ralph Lauren has been hit with a cell phone text spam lawsuit alleging it used an autodialer to send excessive text spam in violation of the TCPA. The lawsuit also names defendant Vibes Media LLC, a Ralph Lauren marketing affiliate, for allegedly facilitating the sending of cell phone text spam to consumers.

Ralph Lauren and Vibes Media attempted to have the suit dismissed by claiming that the lead plaintiff in the proposed class action had “pleaded himself out of court” since he had previously consented to receive the texts. However, U.S. District Judge Sara Ellis noted that even though the companies had said they would send no more than six messages per month, they allegedly sent more.

The lead plaintiff, Patrick H., alleged that he and many other Ralph Lauren customers received a slew of texts with general marketing of a variety of products. None addressed him by name, and the texts were sent through an autodialing device, Patrick’s lawsuit claims. In total, Patrick says that he received 188 such texts from Ralph Lauren. Thirty-two of these were outside the agreed-upon limit of six texts per month.

In their attempt to have the lawsuit dismissed, Ralph Lauren and Vibes Media argued that an autodialer could not have been used, because Patrick had consented to the promotions and therefore a set list of numbers were used to reach him. The Illinois federal judge rejected this argument, nothing that “plaintiffs do not typically have access to details of the type of machine used before engaging in discovery.”

“The court acknowledges that [Patrick] will have to provide additional evidence on the functionalities of the device at summary judgment,” Ellis said.

With Ralph Lauren and Vibes Media’s arguments rejected, the cell phone text spam lawsuit is set to move forward.

The Telephone Consumer Protection Act

The Telephone Consumer Protection Act (TCPA) has been around for nearly 30 years, established in 1991 to protect consumers against technology-based solicitation. Of course, the technological landscape has shifted dramatically over this time period, and the TCPA has necessarily been updated to include the new technologies that telemarketers start using for spamming and harassing consumers in new ways.

Today, according to the FCC, the TCPA covers telemarketing tactics like text spam, robocalls, autodialers, and more.

A single violation of the TCPA may incur a fine of between $500 and $1,500, depending on if it was made negligently or knowingly.

Filing a TCPA Lawsuit

When consumers understand the law and report TCPA violations, they are able to help hold companies responsible, and may also be entitled to compensation. Keep records of messages or phone calls that you believe violate the TCPA as evidence.

If you have been targeted with cell phone text spam or unwanted robocalls from one of the companies named on our investigation page, you may be able to file a TCPA lawsuit and pursue compensation.

The Ralph Lauren TCPA Lawsuit is Case No. 1:18-cv-04620, in the U.S. District Court for the Northern District of Illinois.

Join a Free TCPA Class Action Lawsuit Investigation

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