Sage Datko  |  March 10, 2020

Category: Legal News

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A Georgia man has filed a lawsuit against retailer Dollar General, claiming that the discount chain store violated the Telephone Consumer Protection Act by sending him advertising text messages without his consent.

TCPA Lawsuit Filed Against Dollar General

Plaintiff Brian DePratter filed his TCPA lawsuit against Dollar General on Feb. 23, 2020. According to DePratter, the retail chain store may be in violation of the Telephone Consumer Protection Act (TCPA) because it sends unsolicited text messages to consumers.

DePratter claims that on or about Oct. 22, 2019, he received a text message from the company soliciting him to opt-in to Dollar General eReceipts, a digital coupon and receipt program for Dollar General customers. According to the plaintiff, he had not given the company his prior consent to be contacted by text message. Additionally, the message he received from Dollar General was sent from an SMS shortcode, a type of number that allows companies to send mass text messages to many consumers. If these messages are sent en masse by a program, rather than by a person, they may be in violation of the TCPA.

In addition to the invasion of privacy caused by Dollar General’s unsolicited messages, DePratter claims that because his cell phone alerts him whenever he receives a text, these messages were also disruptive and intrusive. In addition to seeking relief from Dollar General’s messages and compensation for himself, the lawsuit is also seeking to represent anyone else who has received an unsolicited text message from Dollar General in the past four years.

Unsolicited Messages and the TCPA

Consumers who have received unsolicited and annoying text messages from companies may have legal rights under the TCPA. The TCPA is meant to protect consumers from being harassed by telemarketers, spam callers, and solicitors.

According to the law, most companies are prohibited from contacting consumers without their express, prior consent. Companies must also obey several requirements even when contacting consumers who have given their consent, including calling after 8 a.m. and before 9 p.m., identifying themselves to the consumer, allowing consumers to opt-out of being contacted, and abiding by the National Do-Not-Call Registry.

Companies who break these rules may be subject to fines of between $500 and $1,500 per violation.

Consumers who have received text messages in violation of the TCPA may be able to file a TCPA lawsuit against the sender of the messages and receive compensation for these intrusions.

Consumers who wish to hire a qualified attorney to review their case and determine whether they qualify to pursue litigation may find it helpful to keep a record of their received calls and texts, take screenshots of messages, and write down the dates and times they received any texts or phone calls. It is important not to delete these messages if you want to pursue legal action.

The Dollar General TCPA Class Action Lawsuit is DePratter v. Dollar General Corporation, Case No: 5:20-cv-01356-NC, filed in the U.S. District Court for the Northern District of California.

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.

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