Class Action Lawsuit Claims Victoria’s Secret Pink Sent Texts to Consumers at Impermissible Times

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A proposed class action lawsuit alleges that Victoria’s Secret Pink has sent telemarketing texts to consumers’ cell phones between 9 p.m. and 8 a.m., in violation of the federal Telephone Consumer Protection Act (TCPA).

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The 12-page lawsuit claims that Victoria’s Secret Pink, a lingerie and apparel brand, unlawfully sends consumers telemarketing text messages during hours when it is prohibited to do so under the TCPA.

The case conveys that the TCPA was enacted in 1991 to address the “explosive” growth of the telemarketing industry, in recognition that unrestricted telemarketing could be an invasion of a consumer’s privacy rights. Per the filing, under the TCPA, companies are generally forbidden from initiating telephone solicitations to consumers before 8 a.m. or after 9 p.m.

The lawsuit says that Victoria’s Secret Pink ran afoul of TCPA guidelines regarding after-hours calls or messages. The plaintiff, a California resident, received two telemarketing text messages at 5:15 a.m. and 9:18 p.m., the suit claims.

Although the TCPA allows for some exceptions—such as when a consumer grants express permission to be contacted between 9 p.m. and 8 a.m., when there is a pre-existing business relationship, or when messages are from or on behalf of a tax-exempt nonprofit—the lawsuit says that none of these exceptions apply to messages sent to the plaintiff by Victoria’s Secret Pink.

Per the case, the TCPA entitles any person who’s received more than one telemarketing call or message within a 12-month period during prohibited hours to recover up to $500 for each unlawful message.

“[Victoria’s Secret Pink’s] unlawful conduct invaded [p]laintiff’s privacy, disturbed [p]laintiff’s peace, and caused nuisance in a realm that is private and personal,” the lawsuit states.

The Victoria’s Secret Pink class action lawsuit looks to cover all individuals in the United States who, from four years prior to the filing of the case through the date of class certification, the defendant, or anyone acting on its behalf, initiated more than one telephone solicitation text message within any 12-month period to a wireless telephone number used by the called party as a residential line, where at least one such message was initiated before 8 a.m. or after 9 p.m. local time at the called party’s location.

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