Dollar General Corporation is facing a proposed class action lawsuit filed in Tennessee that claims the retailer violated Telephone Consumer Protection Act (TCPA) regulations by sending unsolicited marketing texts to consumers.
The lead plaintiff in the case claims she received the following text message from the defendant on July 10, 2019 in which Dollar General included an advertisement for its products and a hyperlink:
“DG: Premium quality makeup for $5 & under? You heard right – check out Believe Beauty, exclusively at Dollar General: [hyperlink]”
The suit claims the text received by the plaintiff was created using an automatic telephone dialing system (ATDS) that generated, stored, and sent text messages en masse to phone numbers in a sequential fashion without human intervention. Use of an ATDS to send marketing texts is forbidden by the TCPA without prior express written consent from the recipient, the case states.
According to the complaint, the lead plaintiff never provided express written consent to receive telemarketing texts from Dollar General.
The lawsuit claims similar texts were sent to thousands of other people by the defendant without the recipients’ permission and “resulted in the invasion of privacy, harassment, aggravation, and disruption of the daily life of thousands of individuals.”
The suit seeks to represent a class comprising all persons who were sent telemarketing texts from the defendant using an ATDS without their prior express consent within the last four years. The lawsuit requests $1,500 in damages for each alleged willful violation of the TCPA committed against a proposed class member.