Jetset Magazine Faces Class Action Over ‘Miss Jetset’ Telemarketing Texts

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Jetset Magazine, LLC and TDX Investments, LLC, which collectively own and publish Jetset Magazine, face a proposed class action lawsuit that claims the pair illegally sent out marketing texts without first obtaining recipients’ permission.

According to the complaint, the defendants sent a text to the lead plaintiff’s cell phone advertising their “Miss Jetset” cover model competition. The message allegedly stated the following:

“We still need your modeling photos for consideration, upload them here: [link].”

The plaintiff claims the defendants sent this text and possibly thousands like it using an automatic telephone dialing system (ATDS) for a non-emergency purpose—namely, to promote the commercial availability of the magazine’s “Miss Jetset” program and to ultimately make a profit. Yet, in what the case describes as a blatant violation of the TCPA, the defendants allegedly failed to obtain the recipients’ express written consent before sending the automated texts.

The Telephone Consumer Protection Act (TCPA), the suit explains, was passed by Congress in 1991 in response to a “national outcry over the volume of robocalls being received by American consumers.” The statute forbids companies from using an ATDS to send out telemarketing calls or texts without first obtaining the express written consent of the intended recipients, according to the case.

The lawsuit looks to represent all persons in the U.S. who, within the last four years, received one or more telemarketing text from Jetset that were sent using the same dialing technology used to contact the plaintiff and for whom the defendants have no record establishing express written consent to receive autodialed texts.