Colourpop Cosmetics Unwanted Text Messages TCPA Class Action

Colourpop Cosmetics, LLC sends colorful and humorous text messages to market its cosmetics. Unfortunately, it’s still unlawful for the company to send them if it does not obey the requirements of the Telephone Consumer Protection Act (TCPA). The complaint for this class action alleges that it does so by sending the texts to consumer cell phones without permission.

The TCPA was intended to give consumers choice over which companies were permitted to telemarket to them. After all, why should consumers with cell phones pay for incoming calls that are nothing but a sales pitch for something they’re not interested in?  

Congress examined the possibilities for consumer control over unwanted telemarketing and concluded that the only viable solution was to ban such calls entirely. The law therefore says that companies may not telemarket to consumer cell phones using automatic dialing systems or artificial or prerecorded voices unless they have the consumers’ prior express written consent to receive such calls.

In an action brought under the TCPA, the plaintiff must only show that they received such a call. The burden is on the telemarketer to show that it had “prior express written consent” from the person to receive such calls.

In this case, on five different occasions, Colourpop sent text messages to plaintiff Anita Jairam’s cell phone. 

The first, for example, which came in on September 5, 2019, showed an image of a group of short-legged dogs racing down a slope. The message began, “Colourpop: YOU BETTER HURRY! 25% OFF SITEWIDE ends soon! Don’t miss out… Prices go back up tomorrow.” It included a link to a Colourpop website.

The second, for another example, began with the words, “everyone in Fall be like” with an image below. The image showed cartoon character SpongeBob SquarePants lying on the ocean floor with the small end of a funnel stuck in his mouth. Standing at his feet, Patrick Star is hoisting a huge pumpkin over the larger end of the funnel. The message begins, “Colourpop: I’ll take a venti double shot of WHATEVER! Fall is here & so is our FALL COLLECTION! You need to see this!” A link to a Colourpop website follows.

The class for this action is

  • All persons in the US
  • Between February 3, 2016 and February 3, 2020
  • To whose cell phone
  • Colourpop or anyone acting on its behalf
  • Sent one or more text messages
  • Using the same type of equipment used to send texts to the plaintiff in this case
  • For the purpose of advertising Colourpop’s goods or services.
Article Type: Lawsuit
Topic: Privacy

Most Recent Case Event

Colourpop Cosmetics Unwanted Text Messages TCPA Complaint

February 3, 2020

Colourpop Cosmetics, LLC sends colorful and humorous text messages to market its cosmetics. Unfortunately, it’s still unlawful for the company to send them if it does not obey the requirements of the Telephone Consumer Protection Act (TCPA). The complaint for this class action alleges that it does so by sending the texts to consumer cell phones without permission.

colourpop_cosmetics_tcpa_complaint.pdf

Case Event History

Colourpop Cosmetics Unwanted Text Messages TCPA Complaint

February 3, 2020

Colourpop Cosmetics, LLC sends colorful and humorous text messages to market its cosmetics. Unfortunately, it’s still unlawful for the company to send them if it does not obey the requirements of the Telephone Consumer Protection Act (TCPA). The complaint for this class action alleges that it does so by sending the texts to consumer cell phones without permission.

colourpop_cosmetics_tcpa_complaint.pdf
Tags: TCPA, Unsolicited Text Messages, Use of Automatic-Capable Dialer