FRANK SPEECH: MyPillow Caught in Robotext Lawsuit Alleging Consumers Blasted with Texts Merging Pillows and Politics

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Editor’s Note: Apparently the guy’s name is Mike Lindell, not Frank Lindell. But either way, Real News.

You know how I always say TCPA.World is the center of the legal universe? Here’s more proof.

MyPillow has apparently–and perhaps unsurprisingly–been looking to profit off of the  outspoken antics of their CEO Frank (Mike?) Lindell. Merging the spectacle of Frank (Mike?)’s political platform with tried-and-true discount techniques, MyPillow has apparently deployed a robo-text campaign designed to enlighten, enrage and encourage robust pillow and linen sales.

If that isn’t the most 2021 sentence of the year, show me one better.

In any event, a consumer down in Florida named Bethany Gaudreau has taken issue with being “bombarded”–her word, not mine–with these texts and has filed a class action lawsuit against MyPillow seeking millions of dollars in damages. Indeed, Bethany has provided a bunch of screen shots to prove her case that MyPillow disregarded her repeated stop requests and hit her with repeated marketing messages:

Eesh. That’s alot. And that’s not even all of them. I jut got tired of cutting and pasting.

I note, however, that the dates are all askew in the Complaint. Not sure if that’s because the texts came from different numbers, or what. (You can read the complaint and try to figure it out for yourself here: MyPillow Complaint.)

Now I find it fascinating that many of these messages also include political messaging. I can’t tell if MyPillow is just trying to use Lindell’s political platform to sell pillows or if they’re trying to convert what would otherwise plainly be marketing messages into political messages for the purposes of avoiding the DNC. Neither would surprise me.

Obviously the buzzsaw of “dual purpose” calling is sitting out there so if MyPillow thought they could “politicize” their way out of marketing violations, that dog ain’t going to hunt. Then again, if they had consent the text messages are likely just fine–if the messages were even sent by MyPillow. I mean the whole robotext campaign could be a false flag operation because…2021.

I should note that I have no idea if the claims in the Complaint have merit. I just find the whole thing bizarre and extraordinary–which is apparently the hallmark of “Real News” these days. So there you go.

MyPillow is represented by:

HARTNETT LAW P.A.
By /s/ David P. Hartnett
David P. Hartnett
Florida Bar No. 946631
8900 S.W. 107 Avenue
Suite 301
Miami, Florida 33176
Telephone: 305-598-2000
Facsimile: 305-675-6171
dhartnett@thehartnettfirm.com

PARKER DANIELS KIBORT LLC
Andrew D. Parker (MN Bar No. 195042)*
Ryan P. Malone (MN Bar No. 0395795)*
888 Colwell Building
123 N. Third Street
Minneapolis, MN 55401
Telephone: (612) 355-4100
Facsimile: (612) 355-4101
parker@parkerdk.com
malone@parkerdk.com

Plaintiff is represented by Manny Hiraldo.

Happy Weekend TCPAWorld!

 

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Published by Eric J. Troutman

The Czar of TCPAWorld Eric Troutman is one of the country’s prominent class action defense lawyers and is nationally recognized in Telephone Consumer Protection Act (TCPA) litigation and compliance. He has served as lead defense counsel in more than 70 national TCPA class actions and has litigated nearly a thousand individual TCPA cases in his role as national strategic litigation counsel for major banks and finance companies. He also helps industry participants build TCPA-compliant processes, policies, and systems. Eric has built a national litigation practice based upon deep experience, rigorous analysis and extraordinary responsiveness. Eric and his team feel equally at home litigating multibillion dollar telecommunications class actions in federal court as they do developing and executing national litigation strategies for institutions facing an onslaught of individual TCPA matters. They thrive in each of these roles – delivering consistently excellent results – while never losing sight of the client experience. While many firms now tout TCPA expertise, Eric has been there from the beginning. He built one of the country’s first TCPA-only defense teams and began serving as national TCPA counsel for his clients nearly a decade ago. This perspective allows him to swiftly develop the right litigation strategies for dealing with recurring problems, without wasting time on tactics that are bound to fail. Eric’s rich historical perspective and encyclopedic knowledge of the TCPA landscape also make him an invaluable resource to institutional compliance teams struggling to comply with the shifting regulatory landscape. No task is too small – or too big. Indeed, Eric and his team have helped build TCPA-compliant systems and processes for some of the largest and most complex corporate entities in the country. He commonly works with in-house compliance counsel to build and implement enterprise and business-line specific TCPA solutions, performs TCPA audits and drafts and reviews proposed TCPA policies and procedures. He and his team also have the technical expertise necessary to assist call centers seeking to develop TCPA-resistant call path architecture or to modify existing telephony and software integration to better insulate from potential TCPA exposure. Eric has built a reputation for thought leadership. An avid blogger and speaker, he has been at the forefront of the industry’s effort to push for clarity and a return to sanity for the TCPA for years. He was selected to advocate for the financial services industry on important TCPA issues before the Federal Communications Commission and co-authored the nation’s only comprehensive practice guide on TCPA defense. In his spare time, Eric leads defense teams representing banks and other financial services companies in consumer finance litigation matters. He has experience representing clients in UCC, TILA, RESPA FCRA, CCRA, CLRA, FDCPA, RFDCPA and FCCPA claims, as well as in fraud and bank operations issues.

2 Comments

  1. I am wondering if Mike Lindell can settle with pillows? Most attorneys are full of fluff. Fluff for fluff seems fair. I’d rather have a pillow than $11.95 as a class action plaintiff. My Pillows pillows are great if you have never bought them. I highly recommend their towels too.

    Reply

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