Interesting new TCPA class action filing.
Dr. Evil and the folks at LawHQ have filed a class action against Genesco, Inc. alleging it continued to send SMS messages promoting Journeys after a consumer texted stop.
Per the complaint the following messages were sent:
- November 22, 2024 at 7:29 PM UTC from 20101
Journeys: 50% off ‘Tis The Season Savings! Save on Sneakers, Boots, Casuals &
MORE (!!) Start shopping now: https://bit.ly/4eHXEPC Help:1-888-324-6356 - November 27, 2024 at 6:14 PM UTC from 20101
Journeys: The BIGGEST Converse sale of the year! Save 25-30% off ALL Converse!
(yes, ALL) Shop now: https://bit.ly/4i6EaXY Help:1-888-324-6356 - December 2, 2024 at 4:11 PM UTC from 20101
Journeys: Cyber Monday Deals Are Here! Get, gift & give up to 50% off (!!) Adult:
https://bit.ly/41dr9py Kidz: https://bit.ly/49iV0Pk Help:1-888-324-6356 - December 5, 2024 at 1:06 PM UTC from 469-338-7448 to 20101
STOP - December 9, 2024 at 7:16 PM UTC from 20101
Journeys: Monday Markdowns right this way! 450+ styles to choose from (!!) Ready,
set, GIFT: https://bit.ly/49KWvGp Help:1-888-324-6356 - December 13, 2024 at 7:34 PM UTC from 20101
Journeys: Merry GIFTmas! Save up to 55% off select styles (!!) Claus a scene &
shop: https://bit.ly/41wQCu2 Help:1-888-324-6356 - December 26, 2024 at 7:13 PM UTC from 20101
Journeys: Start the New Year off with SAVINGS! Shop & save up to 50% off (!!)
Shop: https://bit.ly/41SdaFU Help:1-888-324-6356 - January 10, 2025 at 7:17 PM UTC from 20101
Journeys: Bundle up with Winter savings starting at $19.98 (!!) Adults:
https://bit.ly/4h9QW6z Kidz: https://bit.ly/4agOjOm Help:1-888-324-6356 - January 25, 2025 at 4:09 PM UTC from 20101
Journeys: Save on sneakers for every season! Up to 55% off select sneakers
happening NOW! Shop Now: https://bit.ly/3CnTAH9 Help:1-888-324-6356
Notice the stop notification on December 5, 2024.
Interestingly the messages were sent to a shortcode so the stop should have been picked up automatically– this is especially true as the complaint alleges Salesforce and Twilio were involved in sending the messages.
Specifically the complaint alleges:
- Genesco used SF Marketing Cloud to send SMS from 20101 to 469-338-7448.
- Genesco used SF Service Cloud to send SMS from 20101 to 469-338-7448.
- Genesco used SF MobileConnect to send SMS from 20101 to 469-338-7448.
- Genesco used Twilio for Salesforce to send SMS from 20101 to 469-338-7448
A stop bug in the SF marketing cloud and Twilio integration would be big news and might impact thousands of companies.
Then again maybe this was just a set up problem with Journeys.
Or maybe the plaintiff is just lying.
Who knows.
For now, we know Plaintiff hopes to represent a class as follows:
The Internal Do Not Call Class: All persons in the United States, (1) to whom
Genesco initiated, or caused to be initiated, (2) more than one text message
promoting goods or services within any 12-month period, (3) after receiving a do
not call request, (4) within the last four years prior to the filing of this action through
the date class notice is sent.
Will keep an eye on this.
And you’ll want to keep an eye on our INCREDIBLE YouTube channel (@deservetowin) with great short and long form content TCPAWorld.com readers will love! We have over 1,000 subscribers now– which is pretty awesome for a defense law firm that pumps out content about the TCPA. haha.
Chat soon.