DSW Hit with Class Action Over Allegedly Illegal Marketing Texts

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A proposed class action claims DSW Shoe Warehouse, Inc. has engaged in an illegal telemarketing campaign for which the footwear retail chain has sent automated promotional text messages to consumers who never gave their consent to receive such communications.

The case’s two plaintiffs say they received text messages from DSW in which the company advertised sales and promotions despite never having provided the retailer permission to contact them with advertisements via text. According to the case, the messages were sent using automated telephone dialing technology, which, when used for non-emergency purposes, is illegal under federal law. The lawsuit claims proposed class members—anyone in the U.S. who received a promotional text from the defendant to their cell phone within the past four years without providing express written consent to be contacted—are each entitled to up to $1,500 per violation.