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

Home » Blog »

Share:

Share on facebook
Share on twitter
Share on linkedin

Get a Free Compliance Review

Our trusted legal counsel can help ensure your business stays compliant.
  • This field is for validation purposes and should be left unchanged.
Print Friendly, PDF & Email

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 info@kleinmoynihan.com, 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.

Attorney Advertising

Trending Topics

SMS Text Messages and the TCPA- Klein Moynihan Turco LLP
Blog

SMS Text Messaging and the TCPA

Print Friendly, PDF & Email

Short Message Service (SMS) text messaging has become a ubiquitous form of communication for people over the last decade.  Consequently, marketers and advertisers who are

Read More »