Abraham Jewett  |  August 2, 2024

Category: Legal News
An irritated woman reading a text on her smartphone, representing the unsolicited text messages class actions.
(Photo Credit: fizkes/Shutterstock)

Unsolicited text messages class action lawsuits overview: 

  • Who: Consumers recently filed class action lawsuits against AT&T, WhaleCo Inc., Shein US Services LLC, Wayfair LLC and NFL Enterprises LLC. 
  • Why: The companies allegedly violated the Telephone Consumer Protection Act by sending unsolicited text messages to consumers. 
  • Where: The class action lawsuits were filed in U.S. federal courts. 

Consumers recently filed class action lawsuits against companies over claims they violated the Telephone Consumer Protection Act by sending unsolicited text messages to consumers. 

AT&T sent text messages to consumers who asked to stop, class action says

A consumer filed a class action lawsuit against AT&T last month over claims the company sent him unsolicited text messages after he asked them to stop.

The class action lawsuit argues AT&T violated the TCPA by continuing to send the messages after a consumer attempted to opt out. 

“Defendant sent at least two solicitations after plaintiff’s first opt-out request,” the AT&T class action says.

Temu sent telemarketing texts to numbers on national do-not-call registry, class action claims 

In July, a consumer filed a class action lawsuit against Temu owner WhaleCo Inc. over claims the company sent telemarketing text messages to consumers with numbers listed on the National Do Not Call registry

The class action lawsuit argues Temu violated the TCPA by sending the telemarketing text messages without first receiving consumers’ prior express written consent. 

“The TCPA and implementing regulations prohibit the initiation of telephone solicitations to residential telephone subscribers to the National Do Not Call registry and provide a private right of action against any entity that makes those calls,” the Temu class action says. 

Class action claims Shein refused to honor opt-out requests for unsolicited texts 

A consumer filed a class action lawsuit against Shein US Services LLC in May over claims the company sent unsolicited text messages and refused to honor opt-out requests

The class action lawsuits argue Shein violated the TCPA by not honoring the opt-out requests, failing to train its telemarketers and not maintaining a standalone do-not-call list. 

“Defendant’s refusal to honor plaintiff’s opt-out requests demonstrates that defendant has not instituted procedures for maintaining a list of persons who request not to receive text messages from defendant,” the Shein class action says. 

The consumer claims Shein is also in violation of the Florida Telephone Solicitation Act

Wayfair violated TCPA with failure to respond to opt-out attempts, class action claims 

A consumer filed a class action lawsuit against Wayfair LLC in March over claims the company sent unsolicited text messages to consumers and failed to honor opt-out requests. 

The class action lawsuit argues Wayfair violated the TCPA by not responding to the opt-out attempts and not maintaining an internal do-not-call list. 

“Defendant does not honor consumer requests to opt-out of text message solicitations,” the Wayfair class action says. “Indeed, plaintiff attempted to opt-out of defendant’s text message solicitations by responding, but defendant continued to text message plaintiff.”

Class action says NFL violated consumer privacy with unsolicited text messages 

A consumer filed a class action lawsuit against NFL Enterprises LLC in March over claims the company sent unsolicited telemarketing SMS messages to consumers who had opted out of receiving them and to numbers on the National Do Not Call Registry. 

The class action lawsuit argues NFL Enterprises invaded the privacy and disrupted the daily life of thousands of consumers with the alleged text messages, which the consumer says constitute harassment and aggravation. 

“Defendant’s text message spam caused plaintiff and the class members harm, including violations of their statutory rights, trespass, annoyance, nuisance, invasion of their privacy,and intrusion upon seclusion,” the NFL class action says. 

Has a company sent you an unsolicited telemarketing text message? Let us know in the comments.


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