Recently Nasty Gal, Los Angles based fast fashion brand is being taken to court for allegedly “engaging in unsolicited marketing” by sending unsolicited text messages to thousands of consumers.
Amanda Defranks filed a complaint in a Florida federal court last month. Nasty Gal has run afoul of the Telephone Consumer Protection Act (TCPA) by sending her and “several thousands of other consumers, if not more” – promotional text messages without her consent. “At no point in time”, Defranks asserts and “did she provide Nasty Gal with her express written consent to be contacted using an automatic telephone dialing system”, which the TCPA says covers the transmission of text messages, as well as telephone calls.
In addition to violating the TCPA’s mandate against sending unsolicited text messages I.e messages aimed at promoting a brand and its product without first obtaining a consumer’s express written consent. Defranks alleges that Nasty Gal’s sending of the messages, themselves, “caused [her] actual harm, including invasion of her privacy, aggravation, annoyance, intrusion on seclusion, trespass, and conversion,” as well as “inconvenience.”
With the foregoing in mind, Defranks claims that Nasty Gal has “knowingly and/or willfully” violated the TCPA, and she has asked the court to award her actual and statutory damages of more than $5 million, and injunctive relief, barring Nasty Gal from further violating the TCPA. Still yet, she has asked the court to approve her proposed class action and thereby, enable “all persons who from four years prior to the filing of this action were sent a [unsolicited, promotional] text message by or on behalf of Nasty Gal” to join her lawsuit.