Saks department stores are facing a suit filed in New York’s Southern District over telemarketing texts they allegedly sent without obtaining prior consent.
According to the complaint, the operators of Saks Fifth Avenue and Saks Off Fifth violated the Telephone Consumer Protection Act (TCPA) by sending marketing texts—specifically to advertise their text messaging alerts service—to consumers who did not give prior permission to receive such messages. The suit alleges Saks used an auto-dialer, which is prohibited for use in non-emergency situations under the TCPA, to send the texts.
The suit seeks to represent a class of everyone in the United States who from August of 2015 until the class is certified received auto-dialed telemarketing texts from Saks without having provided prior express written consent. It requests treble damages on the $500 per text allowed by the TCPA.