Venus Fashion, Inc. is the defendant in a proposed class action lawsuit that claims the clothing retailer sent consumers illicit, automatically generated telemarketing texts without consent to do so.
The lead plaintiff claims that although her number has been listed on the National Do-Not-Call (DNC) Registry for months, she received at least seven texts from Venus in July and August 2019 encouraging her to buy clothing and swimwear. These texts were allegedly generated using an automatic telephone dialing system (ATDS), which is prohibited for non-emergency purposes under the Telephone Consumer Protection Act (TCPA), and sent without the plaintiff’s consent. The TCPA also forbids companies from sending telemarketing texts or placing calls to numbers on the DNC without obtaining prior express written consent from recipients, the lawsuit explains.
The case claims that the defendant’s texts were a nuisance to the plaintiff and caused her to waste several minutes of her time while disrupting her day-to-day life. From the complaint:
“Defendant’s unsolicited text messages caused Plaintiff actual harm, including invasion of her privacy, aggravation, annoyance, intrusion on seclusion, trespass, and conversion. Defendant’s text messages also inconvenienced Plaintiff and caused disruption to her daily life.”
The lawsuit looks to represent a “no consent class” comprised of all consumers who were sent a telemarketing text from Venus Fashion by way of an ATDS without prior express written consent in the last four years. The suit also seeks to represent a class of all U.S. consumers whose numbers were included on the DNC for at least 30 days and who received at least two texts from the defendant within a 12-month span without providing express written consent.