Class Action Filed Over Alleged Aeropostale Telemarketing Text Messages

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A proposed class action has been filed against retailer Aeropostale over its alleged practice of sending telemarketing texts to consumers’ cell phones without securing their prior express consent to be contacted.

The 14-page case claims defendant SPARC Group, LLC, who does business as Aeropostale, has violated the Florida Telephone Solicitation Act, which prohibits companies from sending certain types of telemarketing calls and messages without a recipient’s prior express consent.

The plaintiff is a Broward County, Florida resident who claims to have received a handful of text messages from Aeropostale beginning in September 2021. Per the suit, the messages advertised various promotions and sales for the retailer’s clothing products.

The lawsuit alleges that given the generic nature of the texts, the solicitations included in the messages and the use of a short code to send the texts, Aeropostale likely sent similar messages to at least 50 other Florida residents and used an automated computer software system to do so.

The plaintiff claims to have never provided her express written consent to receive the telemarketing text messages. Per the case, the messages caused the plaintiff and other text recipients harm, including statutory damages, inconvenience, invasion of privacy, aggravation and annoyance.

The suit, which was recently removed from Broward County, Florida Circuit Court to the state’s Southern District Court, looks to represent anyone in Florida who was sent a telephonic sales call regarding Aeropostale’s goods and services using the same equipment or type of equipment used to allegedly call the plaintiff.

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