Aviator Nation, Inc. may sound like it has to do with flying, but the complaint for this class action claims that it’s actually a retailer that sells clothing and accessories online and in stores throughout the country. And to find customers, the complaint alleges, it telemarkets to consumers with text messages, and does not stop texting when asked to, in violation of the Telephone Consumer Protection Act (TCPA).
The class for this action is all persons in the US who, between November 28, 2018 and November 28, 2022, were sent a text message from Aviator Nation, Inc. or anyone acting on Aviator Nation’s behalf, to the persons’ cell phones, after they had made a request to Aviator Nation not to receive any more text messages.
Bobby Etri, the plaintiff in this case, received a telemarketing text from Aviator Nation on his cell phone, the complaint alleges. A screenshot shows an image with two models and a text message beginning, “Aviator Nation: New Styles Added to Our 40% Off Flash Sale Section. Final hours to shop our Memorial Day Sale…”
The message did not include any instructions telling recipients how they could opt out of future telemarketing texts, the complaint alleges. But the screenshot also shows Etri’s reply: “I love aviator nation but please no more texts.”
“Despite [Etri’s] use of clear opt-out language,” the complaint alleges, Aviator Nation “ignored [Etri’s] opt-out demand and sent [Etri] dozens more telemarketing text message[s] up through November 2022[.]”
It then displays screenshots of other text messages, most with images, still offering Aviator Nation’s goods for sale, with messages like, “Aviator Nation: The perfect fall set has arrived! Our new Tie Dye drop is now available…” and “Aviator Nation: Our site wide VIP Black Friday sale continues! 20% off all new arrivals and 40% off a huge sale section!…” and “Aviator Nation: Site Wide 20% Off Continues + New Drop…”
At long last, Etri found a way to make the company stop: “Upon advice from counsel, [Etri] texted only the word ‘Stop’ to” the company. In return, the company sent a message acknowledging that Etri would no longer receive its texts.
“The facts alleged,” the complaint claims “suggest that [Aviator Nation] does not have a written policy for maintaining an internal do not call list” as required of telemarketers by the TCPA and that Aviator Nation “does not inform and train its personnel engaged in telemarketing in the existence and use of any internal do not call list” as also required by the TCPA.
Article Type: LawsuitTopic: Privacy
Most Recent Case Event
Aviator Nation No Opt Out of Telemarketing Texts Complaint
November 28, 2022
Aviator Nation, Inc. may sound like it has to do with flying, but the complaint for this class action claims that it’s actually a retailer that sells clothing and accessories online and in stores throughout the country. And to find customers, the complaint alleges, it telemarkets to consumers with text messages, and does not stop texting when asked to, in violation of the Telephone Consumer Protection Act (TCPA).
Aviator Nation No Opt Out of Telemarketing Texts ComplaintCase Event History
Aviator Nation No Opt Out of Telemarketing Texts Complaint
November 28, 2022
Aviator Nation, Inc. may sound like it has to do with flying, but the complaint for this class action claims that it’s actually a retailer that sells clothing and accessories online and in stores throughout the country. And to find customers, the complaint alleges, it telemarkets to consumers with text messages, and does not stop texting when asked to, in violation of the Telephone Consumer Protection Act (TCPA).
Aviator Nation No Opt Out of Telemarketing Texts Complaint