TCPA Lawsuit Filed By Michigan Woman Over Clothing Retailer’s Texts

A Michigan woman recently filed a TCPA lawsuit against Venus Fashion, a clothing retailer based in Florida, alleging a series of illegal texts.

The plaintiff, Lathisa Jones, alleges that she began receiving telemarketing text messages from Venus Fashion in about July 2019, despite never having signed up to receive such texts, and she continued receiving these texts every few days. The texts were advertisements and sales notifications, she says. She included screenshots of some of these texts in her complaint.

Deciding to protect herself further against unwanted solicitation, Jones registered with the national Do-Not-Call registry in July 2019. However, the texts did not stop.

According to her lawsuit, Venus Fashion was in violation of the Telephone Consumer Protection Act (TCPA). Under the TCPA, companies are not allowed to text customers without their prior express written consent, except in the case of an emergency. The TCPA also disallows the use of autodialer systems without prior express consent, but Jones notes in her lawsuit that the generic texts she received indicate the use of an autodialer system.

Jones filed her class action lawsuit on Nov. 4, 2019, in the U.S. District Court for the Middle District of Florida. The lawsuit was filed on behalf of herself and any others in a similar situation. There are two classes included in the lawsuit: the “no consent” class, which includes those who in the four years leading up to this lawsuit received a text from Venus Fashion using an autodialer without prior express written consent, and the “Do Not Call Registry” class, which includes those in a similar situation who had been listed on the National Do Not Call Registry for at least thirty days at the time they received the texts.

Basics of the TCPA

The Telephone Consumer Protection Act (TCPA) was first passed back in 1991 as a method of fighting back against the growing concern of unwanted solicitation through technology. It has been nearly three decades since the TCPA was introduced, and technology has changed considerably since then—but the TCPA, too, has expanded to keep up with these new technologies and the techniques of telemarketers. Now, the TCPA includes things from robocalls to spam texts.

Filing a TCPA Lawsuit

Consumers can choose to file reports of spam calls and texts with the Federal Communications Commission (FCC), and can also choose to sign up for the National Do Not Call Registry.

However, more and more consumers all across the country are turning to litigation after being hit with excessive spam texting and robocalls. If you have been hit with texts or robocalls in violation of the TCPA, you may be able to file a lawsuit and pursue compensation.

Filing a lawsuit can be a daunting prospect, so Top Class Actions has laid the groundwork for you by connecting you with an experienced attorney. Consulting an attorney can help you determine if you have a claim, navigate the complexities of litigation, and maximize your potential compensation.

The TCPA Lawsuit is Case No. 3:19-cv-01282, in the U.S. District Court for the Middle District of Florida.

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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.

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