in Newswire Published on March 30, 2023

Bump Boxes Ignores Consumers’ Requests to Opt Out of Spam Texts, Class Action Claims

Holt v. Bump Boxes, Inc.

Filed: March 28, 2023 ◆§ 6:23-cv-00106

A class action alleges Bump Boxes, Inc. unlawfully continues to send unsolicited texts after a consumer has already opted out of receiving further messages.

Defendant(s)

Bump Boxes, Inc.

Law(s)

Telephone Consumer Protection Act

State(s)

Oklahoma

Categories

Privacy

A proposed class action alleges Bump Boxes, Inc. unlawfully continues to send unsolicited texts after a consumer has already opted out of receiving further messages.

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The 18-page lawsuit was filed by an Oklahoma consumer who says she responded “stop” after receiving her first unwanted text message from Bump Boxes on August 17, 2022. However, the company, which sells pregnancy subscription boxes, went on to send the woman two more solicitations several days later, the case says.

Since then, the plaintiff has received at least 11 more promotional texts from Bump Boxes, despite her repeated requests from them to stop, the filing claims.

The complaint contends that Bump Boxes has violated the Telephone Consumer Protection Act (TCPA) by failing to honor opt-out requests. The suit further alleges that Bump Boxes continues to send text messages after consumers ask the company to stop because it has neglected to implement the following procedures required by the TCPA:

“1) [M]aintain written policies and procedures regarding its text messaging marketing; (2) provide training to its personnel engaged in telemarketing; and/or (3) maintain a standalone do-not-call list.”

Per the filing, Bump Boxes’ unsolicited text message spam is an “annoyance” to consumers and an “invasion of their privacy.”

The lawsuit looks to represent anyone in the United States who, within the past four years, received two or more text messages within any 12-month period to their residential telephone number regarding Bump Boxes’ property, goods, and/or services after sending a “stop” or similar opt-out request to the company.

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