Class Action Claims Neiman Marcus Sent Unsolicited Texts to Consumer

New to ClassAction.org? Read our Newswire Disclaimer

A proposed class action filed in New York claims The Neiman Marcus Group, LLC violated terms of the Telephone Consumer Protection Act (TCPA) by sending text messages to proposed class members through the WeChat texting app without receiving prior express permission. The plaintiff claims the unsolicited marketing texts she received on her cell phone were sent by automated dialing equipment often used by companies to contact individuals en masse.

The wrinkle in the case may be a jurisdictional question of whether the TCPA has dominion over texting apps. According to the complaint, the TCPA applies to the allegedly unsolicited texts sent by Neiman Marcus because WeChat, despite being an app, is still a cellular phone-based system that identities users through their cellular phone numbers.