A proposed class action has been filed against Capital Pawn of Alabama, LLC over claims that the pawn shop violated the Telephone Consumer Protection Act (TCPA) with its telemarketing practices.
The case accuses the defendant of sending automated text messages to consumers without obtaining their prior express written consent, which is required under the TCPA. The plaintiff claims that in April 2017, she received a series of promotional texts from the defendant advertising upcoming sales. One message, the complaint alleges, directed the consumer to a webpage that stated, in part, “Text messages are sent from an autodialing system.” As such, the suit argues the pawn shop willfully violated the TCPA and “took no steps to acquire the prior express written consent of Plaintiff or the Class Members who received the unsolicited text messages.”
Moreover, the plaintiff alleges she continued to receive unwanted texts after attempting to opt-out of the messages several times. After replying “STOP” to a message from the defendant, the plaintiff claims she received a response stating, “Already unsubscribed from the group.” The woman says, however, that she continued to receive promotional texts from the company.