TCPA class actions target companies sending unsolicited messages

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TCPA class action lawsuits overview: 

• Who: Several companies, including Subway, Petland, Shoe Carnival and Miracle-Gro, have recently been accused of violating the Telephone Consumer Protection Act by sending consumers unsolicited sales messages. 
• Why: Consumers claim unsolicited messages are unwanted and a nuisance and even placed to individuals who have their numbers listed on the Do Not Call Registry.
• Where: The TCPA protects consumers nationwide. 

Being on the receiving end of an unexpected or unwanted sales call or text is a situation many consumers with cell phones can relate to. 

In addition to causing annoyance, unwelcome sales calls and texts can be illegal, and consumers have not been shy when it comes to trying to hold companies accountable for unexpectedly ringing them up. 

Consumers who file class action lawsuits against companies over unwanted sales calls or texts will generally make their claims under the Telephone Consumer Protection Act, which was passed by Congress in 1991 as a way to regulate telemarketers. 

With this in mind, Top Class Actions is taking a look at recent class action lawsuits and settlements revolving around alleged TCPA violations. 

Shoe Carnival, Petland, Subway, Miracle-Gro accused of violating TCPA with unsolicited sales texts 

Consumers filed a TCPA class action lawsuit against Shoe Carnival last month over claims the footwear retailer violated the TCPA by placing unsolicited text messages to consumers without receiving their consent. 

The consumers behind the class action lawsuit claim further that Shoe Carnival places unsolicited text messages to individuals who have their numbers listed on the National Do Not Call Registry. 

Shoe Carnival is accused of violating consumers’ rights by invading their privacy.. 

A consumer also filed a class action lawsuit against Petland last month over claims it violated the TCPA by sending unsolicited text messages. 

The consumer behind the class action lawsuits claims Petland sent them an unsolicited text message despite their phone number being listed on the National Do Not Call Registry. 

Further, the consumer argues they never gave Petland the express written consent needed for the company to send them marketing text messages. 

Also in June, a consumer filed a TCPA class action lawsuit against Giorgio Armani over claims the Italian luxury fashion house violates the TCPA by repeatedly sending unwanted text messages, including to numbers listed on the National Do Not Call Registry.

The consumer behind the class action lawsuit argues Giorgio Armani fails to provide opt-out instructions, uses a computer software system to place the calls and, in addition to the TCPA, violates the Florida Telephone Solicitation Act. 

In May, Subway, meanwhile, failed to get a class action lawsuit dismissed that alleges it violates the TCPA by placing unsolicited advertising text messages to individuals on the National Do Not Call Registry. 

The consumer behind the class action lawsuit claimed that Subway “bombarded” their cell phone with unsolicited text messages despite their number being on the National Do Not Call Registry in July 2021. 

Subway argued unsuccessfully that the Federal Communications Commission overstepped its authority by expanding the do-not-call provision of the TCPA to cell phones. 

Miracle Gro faced a similar TCPA class action lawsuit in April alleging the company sends unlawful sales texts to consumers who have not provided them with consent. 

Further, the consumer behind the class action lawsuit claims Miracle Gro places unsolicited sales texts to individuals with numbers on the National Do Not Call Registry. 

Tampa Bay Buccaneers, DocMJ agree to settlements to end TCPA claims

Class action lawsuits brought against companies over claims they violated the TCPA have led to several recent class action settlement agreements. 

The Tampa Bay Buccaneers agreed to pay $19.75 million earlier this year to resolve claims the National Football League franchise sent thousands of unsolicited fax advertisement messages to its customers between July 14, 2009, and June 9, 2010. 

The Tampa Bay Buccaneers sent around 343,000 unsolicited fax messages during the class period, according to the class action settlement, which was formally approved in May. 

DocMJ, meanwhile, agreed to pay more than $736,000 earlier this year to end claims it violated the TCPA by sending consumers spam text messages. 

Consumers who received spam text messages from DocMJ, a medical cannabis company, since June 14, 2015, can benefit from the class action settlement. 

The settlement agreement put an end to an amended class action lawsuit which, in 2020, accused DocMJ of violating the TCPA by regularly sending advertising texts to prospective customers. 

Have you received an unwanted text message or telemarketing call from a company without your consent? You may qualify to receive a free prerecorded message, text spam and other TCPA violations case evaluation. 

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