Proposed Class Action Claims Amazing Lash Studio Sent Illicit Marketing Texts

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A proposed class action suit filed against Amazing Lash Studio Franchise, LLC alleges the beauty product manufacturer sent marketing text messages in violation of the Telephone Consumer Protection Act (TCPA).

Amazing Lash Studios has 200 independently owned franchises that manufacture products such as mascara, cleanser and eyelash extensions, the complaint says. The plaintiff claims she visited an Amazing Lash Studios location in Carlsbad, California and was required to input her cell phone number into the defendant’s point-of-sale system as part of her visit. The woman claims that Amazing Lash Studios then sent her several marketing texts by way of an auto-dialer from around October 2018 to March 2019.

According to the suit, Amazing Lash Studios states in its privacy policy that they collect contact information, including phone numbers, for consumers who make appointments, and that those individuals may receive calls from the company related to purchases. The case contends that although the privacy policy does state that the defendant will use customer information to “send you news and newsletters, special offers, and promotions, or to otherwise contact you about products we think may interest you,” this does not constitute express written consent to send telemarketing texts. The complaint argues that since the defendant failed to provide an agreement for the plaintiff to sign that clearly disclosed she would receive marketing texts, the defendant had no standing to send these messages.

According to the complaint, the TCPA forbids marketing or advertising calls and texts unless the receiver provides “an agreement, in writing, bearing the signature of the person called” to receive such communications. The TCPA also prohibits calls or texts placed using an “automatic telephone dialing system,” which the law describes as a “device which has the capacity to store or produce telephone numbers to be called, using a random or sequential number generator; and to dial such numbers” unless the receiver provides prior express written consent, according to the case.

The putative class in the suit consists of everyone who received an advertising or telemarketing text from Amazing Lash Studios within the past four years but did not provide prior express written consent to receive such messages.