Florida Consumer Alleges She Was ‘Bombar[ed]’ with Anthropologie Promotional Texts

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A proposed class action claims clothing retailer Anthropologie, Inc. has unlawfully sent telemarketing text messages to consumers’ cell phones without securing their prior express consent to do so.

The 18-page case alleges Anthropologie has violated the Telephone Consumer Protection Act (TCPA), a federal law that prohibits companies from using automated technology to send telemarketing calls and texts to consumers’ cell phones unless they’ve provided prior express consent to be contacted.

According to the suit, Anthropologie’s practice of sending unsolicited telemarketing texts has “resulted in the invasion of privacy, harassment, aggravation, and disruption of the daily life of thousands of individuals.”

The plaintiff, a Broward County, Florida resident, claims that the defendant has “bombard[ed]” her cell phone with promotional text messages over the past year. Per the case, the texts did not contain any opt-out language instructing the plaintiff on how to stop receiving the messages.

The plaintiff says she responded to one of Anthropologie’s communications with “No more messages” in an attempt to opt out yet continued to receive the texts, which advertised the retailer’s sales and promotions.

The suit contests that the plaintiff never consented to be contacted, and to the extent that she did, such permission was “expressly revoked” when the consumer requested to opt out of receiving future messages.

The lawsuit alleges that Anthropologie has no written policy for maintaining an internal do not call list and does not train its employees on the use of any such list.

The plaintiff looks to represent anyone in the U.S. who, within the past four years, was sent a text message from Anthropologie, or anyone acting on its behalf, to their cell phone number after they requested not to receive future text messages.

The case also proposes to cover anyone in the U.S. who, within the past four years, was sent a text message from the defendant, or anyone acting on its behalf, that did not disclose the name of the individual caller, the name of the entity on whose behalf the text was being sent or a telephone number or address at which the person or entity may be contacted.

Initially filed on February 1 in Broward County Circuit Court, the lawsuit was removed to the Florida’s Southern District Court on February 28.

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