Hi TCPAWorld! The Baroness here. I know it has been some time since my last blog (I promise I’m going to be better). But this case caught my attention and I had to let you folks know.
L’Oreal, the well-known cosmetic and personal care brand was hit with a major TCPA class action in Arizona yesterday. Filed by Mannuel Hiraldo, a well-known Plaintiff’s attorney in Florida.
The named plaintiff goes by the name of Rachael Gilburd. She alleges that L’Oreal sent multiple text messages to her cell phone. It’s not that these text messages were sent without consent, however, Gillburd alleges that she revoked consent when she texted “Opt out” and “STOP” to the text messages. Nonetheless, L’Oreal sent at least two text messages after Gillburd’s initial opt-out request. As you can imagine, this is not good news for L’Oreal.
Gillbburd attempts to represent a nationwide Internal Do Not Call Class which is defined as: All persons within the United States who, within the four years prior to the filing of this Complaint, (1) were sent a text message from Defendant or anyone on Defendant’s behalf, (2) regarding Defendant’s goods, products or services, (3) to said person’s residential telephone number, (4) after making a request to Defendant to not receive future text messages.
Folks, these text messages cases are to be taken seriously. When there is a clear opt out or stop request by a consumer via text message, the revocation must be treated appropriately. Businesses that are engaging in outbound text messaging, please ensure that you have appropriate policies and procedures in place in handling opt out requests. The TCPA is a strict liability statute, which means that businesses can be liable for damages ranging from $500-$1,500 per call/text message.
If you are unsure about how to handle opt-out requests, it is best to seek advice from an attorney who specializes in this area (i.e., Troutman Firm 🙂 ). Don’t take any chances – ensure that you have appropriate policies and procedures in place to handle opt-out requests.
As always, the Baroness will keep a close eye on this case and keep you updated. Stay tuned!
Case no.: 2:23-cv-00687-SRB
Aw, gee, Baroness. C’mon and tell us how Gilburd set it all up just so she could bring a TCPA claim; how she “invited” the texts; how she did not do enough to stop them; how she “welcomed” the calls. After all, Baroness, none of your clients are bad actors out there; you only represent the “honest” mass robocallers and DNC violators. Right?!? (And, pigs can fly.. backwards!).
What is the time requirements for the honoring of opt-outs? An opt-out request has to be processed within 10 business days (or similar), right? Does this provide any protection from cases such as this? Did L’oreal send the texts after the required processing time?