Casely Unwanted Texts to Residential Phones TCPA Class Action

The Telephone Consumer Protection Act (TCPA) does not entirely forbid telemarketing, but it requires that companies that do telemarketing comply with certain rules. The complaint for this class action alleges that Casely, Inc. sent out telemarketing texts to consumer cell phones without obeying these rules, and ignored requests to stop sending the messages.

Casely sells cell phone accessories. Beginning on or around April 29, 2021, Casely sent, or caused to be sent, a number of text messages to the cell phone of the plaintiff in this case, Jennifer Holt. Screenshots of some of them were reproduced in the complaint:

• “Casely: Psst…Don’t forget: Enter code SMS30 at checkout for 30% off your next purchase! Click here to shop…”
• “Casely: This month our #EveryCaseCounts proceeds support JOYDAY, an Org curating experiences to help cope with mental health…”
• “Casely: The *BIGGEST* sale of the season is ON! Take 25% off 2 items (code: SUMMER25) or 35% off 3+ items (code: SUMMER35)…”
• “Casely: So much NEW to *smile* about! Our May cases JUST landed on the site. Take a peek and snag your fave…”

The complaint lists six or seven dates on which Holt responded to a message with the word “STOP” in order to stop Casely from sending her any future messages. The company kept right on sending them, through September 22, 2021.

The complaint alleges that Holt never gave Casely her permission to send her telemarketing messages, and that any permission the company may believe it had received was revoked when she texted back “STOP.”

The complaint lists a number of ways in which Casely appears not to have followed requirements for telemarketing under the TCPA. For example, “[Casely’s] failure to abide by [Holt’s] opt-out requests is indicative of [Casely’s] lack of a written policy for maintaining internal do not call procedures.” Also, “[Casely’s] failure to abide by [Holt’s] opt-out requests is indicative of [Casely’s] failure to maintain an internal do not call list, as well as inform and train its personnel engaged in telemarketing in the existence and the use of any internal do not call list.”

The Internal Do Not Class for this action is all persons in the US who, between September 30, 2017 and September 30, 2021, (1) were sent a text message from Casely or anyone acting on Casely’s behalf, (2) promoting Casely’s products, goods, or services, (3) to the person’s residential telephone number, (4) after the person requested that they not receive any more text messages from Casely, including by replying “STOP” to Casely’s text messages.

Article Type: Lawsuit
Topic: Privacy
Tags: TCPA, Unsolicited Text Messages