Class Action Claims Maelys Cosmetics Unlawfully Sent Unsolicited Text Messages

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A proposed class action alleges Maelys Cosmetics has unlawfully sent promotional text messages to individuals whose phone numbers are listed on the National Do Not Call Registry without first obtaining their consent to be contacted.

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The 14-page lawsuit accuses the beauty product company of violating the Telephone Consumer Protection Act (TCPA) —a federal law Congress enacted in 1991 to “regulate the explosive growth of the telemarketing industry” and the intrusive calls that came with it.

The complaint claims that the plaintiff, a Georgia resident who says he put his phone number on the National Do Not Call Registry in April 2023, received at least six text messages from Maelys Cosmetics throughout June and July of this year that promoted its products. According to the suit, the plaintiff never provided his consent to receive these text messages.

The case alleges that the defendant sends unsolicited texts to consumers with whom it has no relationship because the company fails to update its telephone number database, which would otherwise allow it to see when a particular phone number has changed hands.

“Because telemarketing calls [or text messages] typically use technology capable of generating thousands of similar calls per day,” the complaint contends that many more individuals have had their privacy violated by Maelys Cosmetics’ unsolicited text messages.

The lawsuit looks to represent anyone in the United States who, in the past four years, had their telephone number listed on the National Do Not Call Registry for at least 31 days but received more than one telemarketing call from or on behalf of Maelys Cosmetics within a 12-month period when they had not made an inquiry with the company or provided written permission to be contacted.

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