Los Angeles, CA: American Eagle Outfiters Inc. is facing a proposed Telephone Consumer protection Act (TCPA) class action lawsuit alleging the clothing retailer sends unsolicited text messages advertising sales, promotions, coupons and new merchandise.
The lead plaintiff in the lawsuit claims American Eagle sent the messages without his consent and that the company failed to obtain his consent, in direct violation of the TCPA.
Specifically, the lawsuit states that between December 12 and January 16, the plaintiff allegedly received at least five unsolicited text messages on his cell phone promoting an upcoming sale of a line of women' lingerie called Aerie. The plaintiff claims he and others who received the unsolicited texts were caused aggravation and had to pay for receiving the texts through their respective wireless carriers.
The TCPA class action seeks to represent a nationwide class of consumers who continued to receive text spam from American Eagle after they attempted to unsubscribe from the service.