Raymour & Flanigan Pegged with Class Action Over Bulk Marketing Texts

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A New Jersey man has filed a proposed class action against the operating entity of furniture company Raymour & Flanigan, Raymours Furniture Company, Inc., over alleged willful violations of the Telephone Consumer Protection Act (TCPA). The complaint alleges Raymour & Flanigan, as part of its strategy for increasing sales, engaged in a bulk advertising campaign that unlawfully utilized an automatic telephone dialing system to send short-coded text messages to consumers’ cell phones. Although the “spam texts” were allegedly sent from a third party, the lawsuit contends the defendant is legally responsible for ensuring that the external group sending the texts comply with TCPA regulations.

According to the lawsuit, the plaintiff bought bedroom furniture from the defendant in 2013 and provided his cell phone number during the transaction. At no point, however, did the plaintiff give his express consent allowing Raymour & Flanigan to contact him by way of automatic dialing technology.