Lil Yachty-Linked Crete Nail Paint Company Hit with Class Action Over Allegedly Unsolicited Text Messages

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Kinetic Brands LLC has been hit with a proposed class action over its alleged practice of engaging in “aggressive” text message-based telemarketing without having secured prior express consent to contact certain consumers.

Kinetic Brands does business as Crete and has worked with rapper Lil Yachty to market what it calls “the first non-gendered nail paint of the Gen Z era.” The 13-page case alleges, however, that the defendant’s telemarketing practices violate both the Telephone Consumer Protection Act (TCPA), a federal law that prevents companies from using automated technology to place certain types of telemarketing calls and texts to consumers’ cell phones without their prior express consent, and a similar Florida statute.

Per the suit, Crete’s calls have “caused Plaintiff and the Class members harm, including violations of their statutory rights, statutory damages, annoyance, nuisance, and invasion of their privacy.”

The plaintiff in the case is a Florida resident who claims to have received over the past few months several text messages from the defendant that promoted the company’s goods and services. According to the filing, the messages contained language such as “[w]e already know you don’t want to miss exclusive early access.”

The suit alleges that the texts were sent using automated software that caused similar messages to be sent to possibly thousands of other individuals. Per the case, the plaintiff never provided express written consent to receive promotional text messages sent via an automated system.

The lawsuit goes on to argue that the defendant further violated the TCPA by failing to disclose the name of the individual caller, the person or entity on whose behalf the call or text was being made and an address at which that person or entity may be contacted.

The suit, which was initially filed in Miami-Dade County Circuit Court before being removed to Florida’s Southern District Court on January 26, looks to cover anyone in the state who was sent a telemarketing text regarding Crete’s goods and services using the same equipment or type of equipment used to contact the plaintiff.

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 on its behalf, that failed to disclose the name of the caller, the name of the person or entity on whose behalf the call was placed, or the telephone number or address at which that person or entity could be contacted.

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