Guess Hit With TCPA Class Action Over Text Messages

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Guess Hit With TCPA Class Action Over Text Messages

By Kira Lerner
Law360, New York (January 06, 2014, 1:42 PM ET) — Clothing retailer Guess Inc. was hit with a putative class action in California federal court Friday by a consumer who claims the company sent thousands of illegal text messages in violation of the Telephone Consumer Protection Act.
Farideh Haghayeghi alleges the Los Angeles-based retail company invaded her privacy when it littered her cellphone with numerous text messages without her permission for the past four years.

“Over the course of an extended period beginning no later than in 2009, defendant and/or its agents directed the mass transmission of text messages to cellular phones nationwide,” the complaint said.

For example, in 2013, Haghayeghi received a text message promoting the retailer’s products that read: “Our essential bandeaus are perfect for any summer look! Spent $75+ through 7/21 and get a bandeau with your purchase. Start shopping at GUESS.com,” according to the complaint.

The text messages constituted “calls” under the TCPA that were not for emergency purposes, according to the complaint. The unwanted messages also cost consumers because they were sent to many who pay for each text message they receive.

According to the complaint, Guess sent the messages through an automatic service that has the capacity to store or produce and dial numbers randomly or sequentially.

Haghayeghi seeks to represent all consumers nationwide who were harmed by Guess’ actions, and the suit seeks damages and injunctive relief.

“Absent a class action, the class will continue to face the potential for irreparable harm,” the complaint said. “In addition, these violations of law will be allowed to proceed without remedy and defendant will likely continue such illegal conduct.”

A representative for Guess did not immediately respond to a request for comment Monday.

As of November 2013, Guess directly operated 502 retail stores in the United States and Canada and 339 retail stores in Europe, Asia and Latin America. The company’s licensees and distributors operated an additional 862 retail stores outside of the United States and Canada.

Haghayeghi is represented by Karen E. Nakon and Payam Shahian of Strategic Legal Practices APC.

Counsel information for the defendant was not immediately available.

The case is Farideh Haghayeghi v. Guess Inc., case number 3:14-cv-00020, in the U.S. District Court for the Southern District of California.

–Editing by Jeremy Barker.