Guess Who Has Now Been Sued in a Putative TCPA Class Action? Guess?.

1225932_53183171Happy New Year! Well, not so happy for Guess ?, Inc. (“Guess”), which was recently sued in California federal court for allegedly violating the Telephone Consumer Protection Act (“TCPA”).

Details of Guess TCPA Class Action

The Class Action Complaint alleges that Guess sent the Plaintiff multiple unsolicited text messages promoting its goods and services to her mobile telephone in violation of the TCPA.  The Complaint seeks statutory damages in the amount of $500.00 for each alleged negligent violation of the TCPA, treble damages in the amount of $1,500.00 for each knowing or willful violation of the TCPA, and injunctive relief prohibiting such conduct in the future.

The Plaintiff seeks to certify a class of persons nationwide who received unsolicited SMS or text messages to their mobile phones during the past four years sent through the use of autodialing technology.

As of the date of this blog, the Plaintiff has not filed a motion for class certification which, as we have reported, often is filed by putative class action plaintiffs early in the action (usually when the complaint is filed).  This typically is done to prevent the defendant from attempting a “buy off” to moot the plaintiff’s claims, which often results in the dismissal of the subject action.

Guess has yet to appear in the action.

If you are interested in learning more about this topic, please e-mail us at, or call us at (212) 246-0900.

The material contained herein is provided for informational purposes only and is not legal advice, nor is it a substitute for obtaining legal advice from an attorney.  Each situation is unique, and you should not act or rely on any information contained herein without seeking the advice of an experienced attorney.

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David Klein

David Klein is one of the most recognized attorneys in the technology, Internet marketing, sweepstakes, and telecommunications fields. Skilled at counseling clients on a broad range of technology-related matters, David Klein has substantial experience in negotiating and drafting complex licensing, marketing and Internet agreements.

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