Spam Text Message Class Action Lawsuit Says Avenue Stores Violates TCPA

A class action lawsuit claims that Avenue Stores LLC, a retailer of plus-size women’s clothing, violates the Telephone Consumer Protection Act by sending spam texts advertising its business.

The Avenue Stores LLC spam text message class action lawsuit was filed by plaintiff Margarita Bicana. Bicana says that she received spam messages from the retailer beginning on or around Nov. 11, 2018. Bicana says that the messages violated the TCPA because she did not give consent to receive them and they constituted telemarketing.

The clothing retailer TCPA class action lawsuit says that the messages were telemarketing because they advertised Avenue Stores’ goods and services. Allegedly, the messages claimed that Bicana signed up for text and email alerts, though she says that she did not. She goes on to say that the spam texts offered coupons and promotions for Avenue Stores’ products.

Bicana notes that the TCPA prohibits businesses from sending text messages to individuals without their consent, particularly if the messages are sent via automatic telephone dialer. To support her claim that the texts were sent with an automatic dialer, she notes that the messages came from a “short code.” 

Bicana goes on to say that short codes enable businesses to send messages en masse to many recipients while tricking recipients into believing that the messages were sent to just one or a few people. Allegedly, the short code platform used by Avenue Stores LLC has the capacity to store many phone numbers at once and dial to them simultaneously.

The Avenue Stores LLC spam text message class action lawsuit says that Bicana and other customers were caused actual harm by the retailer’s practice of sending unsolicited telemarketing text messages. The Avenue Stores retailer class action lawsuit says that that the messages invaded her privacy, and injured her in the form of aggravation, annoyance, intrusion on seclusion, trespass, and conversation. Allegedly, the messages unconvinced Bicana and disrupted her daily life.

Bicana goes on to say that each time she received the text messages from Avenue Stores, she had to stop what she was doing to read the messages. She says that she was “hounded” with persistent messages that were sent at all hours, early in the morning and late at night, on the weekends, and during the day.

Bicana goes on to say that she was disturbed not only by the messages, but by the sound they made  when she received them. Bicana then claims that on numerous occasions, she was woken up from sleep by these messages.

Experian notes that the TCPA prohibits businesses from sending messages or calls outside of the hours of 8 am and 9 pm.

The Avenue Stores spam text message class action awls seeks damages on behalf of Bicana and all other similarly affected customers. The Avenue Stores class action lawsuit also seeks an injunction prohibiting Avenue Stores LLC from continuing allegedly unlawful spam text messages to recipients without their consent, particularly when using an autodialer.

The Avenue Stores LLC TCPA Violation Spam Text Class Action Lawsuit is Margarita Bicana v. Avenue Stores LLC, Case No. 8:19-cv-01923, U.S. District Court for the Central District of California.
Sirius XM was hit with a $25 million class action settlement
 because it allegedly called numbers that had been placed on the National Do Not Call Registry.

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