Saks Faces Proposed Class Action Lawsuit Over Unwanted Promo Texts
A proposed class action lawsuit has been filed against Saks.com, the online arm of luxury department store Saks Fifth Avenue. The plaintiff alleges that the company violated the Telephone Consumer Protection Act (TCPA) and FCC regulations by sending unsolicited promotional text messages to his phone number before work hours. These texts were not informational or transactional but aimed at advertising products on Saks.com. The lawsuit claims that the plaintiff's number had been registered with the National Do-Not-Call Registry since 2014, and he never gave permission for such telemarketing messages to be sent. The TCPA defines text messages as 'calls,' making them subject to FCC rules prohibiting unsolicited marketing before 8:00 a.m. or after 9:00 p.m., especially if the number is on the registry. Saks.com cannot claim safe harbor, according to the lawsuit, because it failed to implement reasonable practices and procedures to prevent such solicitations. The case has not yet been certified as a class action by the court.
Topics: Consumer Protection TCPA Violation Telemarketing Regulation