A proposed class action claims Aviator Nation has illegally sent telemarketing text messages to consumers’ cell phones after they expressly revoked their consent to be contacted.
The 13-page case alleges the California-inspired clothing brand has engaged in aggressive, unsolicited marketing by sending thousands of consumers promotional text messages that do not include instructions on how to opt out of receiving future texts.
According to the complaint, the plaintiff, a Florida resident, attempted to put an end to the text messages on March 31, 2022 by responding to Aviator Nation, “…please no more texts.” Despite their request to opt-out of the campaign, Aviator Nation continued to send the plaintiff dozens of text messages up through November, the filing contends.
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According to the suit, Aviator Nation has violated the federal Telephone Consumer Protection Act (TCPA) by failing to recognize consumers’ requests to stop sending text messages to their cell phones. The case also alleges that Aviator Nation, in further violation of the TPCA, does not have a written policy for maintaining an internal do-not-call list, nor does it train its employees to use such a list.
“Defendant’s unsolicited text messages caused Plaintiff actual harm, including invasion of his privacy, aggravation, annoyance, intrusion on seclusion, trespass, and conversion,” the case says. “In all, Defendant’s violations of the TCPA caused Plaintiff to waste at least fifteen minutes of his time in addressing and attempting to stop Defendant’s solicitations.”
The lawsuit looks to represent anyone in the United States who, within the four years prior to the filing of the complaint, was sent a text message from Aviator Nation or anyone on its behalf after requesting not to receive future text messages.
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