Apparel and accessories company Tory Burch LLC is the defendant in a proposed class action out of Florida. The plaintiff alleges the company broke the law by sending unsolicited text messages to consumers’ cell phones as part of its mass marketing efforts.
According to the lawsuit, the plaintiff received text messages from Tory Burch on at least two occasions in May 2018. The messages reportedly advised the plaintiff that the defendant mailed her a $50 gift card while inviting her to one of its store locations. The case alleges the texts were sent using an automated telephone dialing system, the use of which is prohibited in most non-emergency situations under the Telephone Consumer Protection Act (TCPA).
“[The plaintiff] never provided her prior express written consent to [the defendant] to send or transmit the Text or any other advertisement or telemarketing to her cellular telephone,” the case reads.