Hope everyone out there in TCPAWorld had a great and safe Thanksgiving.
We’re off to a hot start post-Turkey weekend as Chairman Pai has announced he is stepping down when Biden is sworn in next month.
It will be very interesting to see what, if anything, the current FCC does on the mountain of remaining petitions– particularly the TCPA Public Notice that has been pending since May, 2018 following ACA Int’l.
In the meanwhile the TCPA class action machine keeps churning with 10 new cases filed on Wednesday. Among them, a putative class action against haircut giant Sports Clips.
The suit, brought by an Alameda County California resident, contends that on June 10, 2020 Sports Clips sent an unsolicited marketing text advising of a new store location. The (alleged) text read:
Sports Clips stores have opened
near you. Our mission is to be
the cleanest haircutter in the
industry. Please text MORE for
information or text STOP to
As a result of the text Plaintiff seeks unspecified damages of over $5MM.
Yep, over $5MM in damages springing out of one allegedly unwanted text. Welcome to TCPAWorld.
The class is defined as “persons within the United States who received any unsolicited text messages from Defendant which text message was not made for emergency purposes or with the recipient’s prior express consent within the four years prior to the filing of this Complaint.”
Notice that the class is not limited to texts sent using an ATDS–any text message the defendant has sent over the last four years is at issue. Yet the claim for relief is limited to ATDS texts. Pretty big gap between those two theories–let’s see if Sports Clips moves to strike the definition as a result.
We’ll keep an eye on this filing. For the curious the complaint is here: Gonzalez complaint