Did you receive any unsolicited text messages from the Guess clothing store?
According to papers filed in California federal court last week, a preliminary class action settlement has been reached last week for consumers who received unwanted text messages from the upscale clothing line brand, Guess Inc., on or after October 16, 2013.
The class action alleges that Guess violated the Telephone Consumer Protection Act (“TCPA”) by randomly sending unsolicited text messages to consumers’ phones. The TCPA prohibits companies from placing calls using an automated dialing system and from sending spam text messages. There are reportedly 200,000 and 250,000 consumers estimated as class members seeking certification by the Court. The proposed settlement asks for class members to receive $15 in cash or $30 in credit.
The class action was initially filed in January 2014 in the U.S. District Court, Southern District of California. According to the complaint, the lead plaintiff Farideh Haghayeghi, claimed that Guess sent out thousands of text messages to different customers throughout the nation. Her latest spam text stated: “Our essential bandeaus are perfect for any summer look! Spend $75+ through 7/21 and get a bandeau with your purchase. Start shopping at GUESS.com.”
Ms. Haghayeghi alleges that she (along with each of the proposed class members) did not consent to these text messages and they were not sent by Guess for emergency purposes, thereby violating relevant provisions of the TCPA. Interestingly, the complaint also points out that the text messages exact an unwanted charge to consumers who must pay for text messages or for text messages exceeding a certain amount.
A preliminary approval hearing for the settlement is scheduled for November 7, 2016. The class action is captioned Haghayeghi v. Guess Inc., Case No. 3:14-cv-00020 (S.D. Cal).
