Lawsuit Claims Casely Sent Unlawful Text Ads After Consumers Opted Out

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A proposed class action claims Casely, Inc. has sent telemarketing text messages to consumers’ cell phones without their consent to do so, and even after receiving requests for the texts to cease.

According to the lawsuit, Casely’s attempts to market its cell phone accessories through texts after consumers have requested not to receive the messages have violated the Telephone Consumer Protection Act (TCPA), a federal law that restricts the use of automated telephone dialing equipment for marketing purposes.

The suit claims Casely’s allegedly unsolicited telemarketing texts have harassed and aggravated recipients, not to mention invaded the privacy and disrupted the daily lives of “thousands of individuals.”

The plaintiff, a McCurtain County, Oklahoma resident, claims to have received the following text messages from Casely:

Despite replying to the texts with “STOP” in an attempt to opt out of receiving further messages, the plaintiff continued to receive texts from the defendant, the suit claims.

Though the plaintiff claims to have never provided his consent to receive the messages, any consent Casely “may claim to have had” was revoked when the man texted “STOP” on April 29, 2021, according to the case. The lawsuit says Casely sent the plaintiff at least seven text messages after he requested to opt out.

Per the suit, Casely’s failure to honor the plaintiff’s opt-out request indicates the defendant has no policy in place to maintain an internal do-not-call list and train its employees on the use of such. The lawsuits says both a written policy and the training of personnel on how to abide by the policy are both requirements for telemarketers under the TCPA.

The case looks to cover anyone in the U.S. who, within the past four years, was sent a text message to their residential number from the defendant or anyone acting on its behalf that promoted Casely’s products, goods or services after the individual had requested not to receive future text messages.

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