Rebag class action alleges parent company Trendly sends text messages without opt-out link

Rebag text messages class action lawsuit overview: 

• Who: Andrea Boss filed a class action lawsuit against Trendly Inc. d/b/a Rebag.
• Why: Boss claims Rebag sends consumers unsolicited and unlawful telemarketing text messages that fail to include opt-out instructions. 
• Where: The class action lawsuit was filed in California federal court.

Trendly Inc., the parent of retail company Rebag, violates the law by allegedly conducting an aggressive and unsolicited text message marketing campaign, a new class action lawsuit alleges. 

Plaintiff Andrea Boss claims Rebag bombards consumers with telemarketing text messages that encourage a future purchase or investment in the company’s clothing and apparel products.

Boss argues Rebag failed, however, to provide consumers with instructions on how they could opt out of receiving the telemarketing text messages in the future, as allegedly is required by law.

“Defendant did not provide Plaintiff and the Class members with instructions on how to opt-out of future text messages by, for example, advising them that they could text ‘Stop’ to get the messages to stop,” the Rebag class action states. 

Boss wants to represent a nationwide class of individuals who received more than one telemarketing text message within a year from Rebag, with a separate class for those who received the messages despite having their number listed on the National Do Not Call Registry. 

Rebag’s alleged failure to include opt-out instructions indicative of other policy shortcomings, says class action

Rebag’s alleged failure to provide opt-out instructions is indicative of a failure to maintain written policies and procedures about its text message marketing, provide training to its text marketing personnel, and maintain a stand-alone do-not-call list, the Rebag class action alleges. 

“Defendant’s unsolicited text messages caused Plaintiff actual harm, including invasion of her privacy, aggravation, annoyance, intrusion on seclusion, trespass, and conversion,” the Rebag class action states.

Boss claims Rebag is in violation of the Telephone Consumer Protection Act (TCPA). She is demanding a jury trial and requesting declaratory and injunctive relief along with an award of actual and statutory damages for herself and all class members. 

A number of class action lawsuits were filed last year against companies accused of violating the TCPA by allegedly sending unsolicited telemarketing text messages, including Subway and Petland, among others. 

Has Rebag sent you an unsolicited telemarketing text message? Let us know in the comments! 

The plaintiff is represented by Scott Edelsberg of Edelsberg Law, P.A. 
The Rebag text messages class action lawsuit is Boss, et al. v. Trendly, Inc., Case No. 5:23-cv-00246, in the U.S. District Court for the Central District of California.

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