K&G Men’s Company, Inc., which does business as K&G Fashion Superstore, looks to gain customers by telemarketing, says the complaint for this class action. However, the complaint also alleges that in its manner of sending its telemarketing text messages, the company violates both the Telephone Consumer Protection Act (TCPA) and the Florida Telephone Solicitation Act (FTSA).
Two classes have been defined for this action:
- The FTSA Class is all persons in Florida, who (1) were sent more than one telephone sales call about K&G’s property, goods, or services, (2) using the same equipment of type of equipment used to call the plaintiff in this case.
- The Seller Identification Class is all persons in the US who, between September 2, 2018 and the date the class is certified in this case, (1) received two or more text messages within any twelve-month period, (2) about K&G’s property, goods, or services (3) to that person’s residential telephone number (4) that did not reveal the name of the individual caller, the name of the person or entity on whose behalf the call was being made, or a telephone number or address at which the person or entity may be contacted.
According to the complaint, K&G sent sales calls to the cell phone of the plaintiff in this case, Rony Saint-Aubin. The complaint reproduces a number of text messages that began as follows:
- “K&G: Today ONLY! Get 40% Off ALL Clearance + $15 OFF ANY $75+ reg. price purch. w/AZVR7451904. Head to your nearest store ASAP…”
- “K&G: This weekend only! Get a summer wardrobe refresh with $25 OFF any $100+ purchase w/AZWY1529639. Shop before it’s gone…”
- “K&G: Hey, weekend savings are here! Get an extra 30% off all clearance, including new markdowns w/AZXG7403418. Shop it quick!…”
- “K&G: Weekend steal: 30% off all clearance. Plus, shop new arrivals you’ll love in store. Save big with AZXR5780963. Act fast!…”
The complaint alleges that K&G sends text messages by automated means to people who have not provided it with their prior express written consent, and also that it does telemarketing without the disclosures required by the TCPA. According to the complaint, Saint-Aubin never gave K&G her consent or any kind of authorization to receive telemarketing calls made with the use of an automated system.
The complaint makes a further claim as well, that “when it sent its text message solicitations to [Saint-Aubin], [K&G] failed to identify (1) the name of the individual caller; (2) the name of the legal entity on whose behalf the call was being made; and (3) a telephone number or address at which [K&G] may be contacted.”
Article Type: LawsuitTopic: Privacy
Most Recent Case Event
K&G Men’s Company Telemarketing Texts TCPA, FTSA Complaint
September 2, 2022
K&G Men’s Company, Inc., which does business as K&G Fashion Superstore, looks to gain customers by telemarketing, says the complaint for this class action. However, the complaint also alleges that in its manner of sending its telemarketing text messages, the company violates both the Telephone Consumer Protection Act (TCPA) and the Florida Telephone Solicitation Act (FTSA).
K&G Men’s Company Telemarketing Texts TCPA, FTSA ComplaintCase Event History
K&G Men’s Company Telemarketing Texts TCPA, FTSA Complaint
September 2, 2022
K&G Men’s Company, Inc., which does business as K&G Fashion Superstore, looks to gain customers by telemarketing, says the complaint for this class action. However, the complaint also alleges that in its manner of sending its telemarketing text messages, the company violates both the Telephone Consumer Protection Act (TCPA) and the Florida Telephone Solicitation Act (FTSA).
K&G Men’s Company Telemarketing Texts TCPA, FTSA Complaint