Purple Innovation Telemarketing Text Messages TCPA Class Action

Purple Innovation, Inc. makes comfort and bedding products, such as mattresses, pillows, bases, cushions, and sheets. While it sells these online and in brick-and-mortar stores, the complaint for this class action alleges that the company also seeks customers by unlawful telemarketing. According to the complaint, Purple is responsible for telemarketing that violates the Telephone Consumer Protection Act (TCPA).

Congress passed the TCPA in 1991 to try to stem the tide of unwanted telemarketing to consumers. The increasing availability of automatic dialing systems and technology for the use of artificial and prerecorded voices had resulted in a flood of telemarketing calls, and Congress aimed to give ordinary people more say in who was allowed to call them.

Of particular concern were calls to consumer cell phones, because cell phone owners typically pay for incoming as well as outgoing calls, making telemarketing an expense as well as an annoyance.

The TCPA makes it unlawful for businesses to place non-emergency calls to consumer cell phones, using automatic dialing systems and artificial or prerecorded voices, unless they have the consumers’ prior express written consent to receive such messages.

In this case, plaintiff Mary Harper received “multiple” text messages from Purple, promoting its goods and services. As an example, the complaint cites one received by Harper around January 1, 2020 that read, “Happy New Year! Don’t miss this sale! FREE Sheets + 2 Pillows when you purchase a mattress. Time to upgrade your sleep…” This was followed by a link to Purple’s website.

The complaint alleges that Purple did not have Harper’s prior express written consent to receive such messages on her cell phone.

The text messages Harper received were sent from a short code leased or owned by Purple that Purple uses to send mass text messages to consumers. The complaint also alleges that the messages, which contained generic content, were sent by automatic dialing equipment.

The class for this action is all persons in the US who, between April 2, 2020 and the present,
Had cellular telephone service,
Received on the cellular telephone at least one text message promoting goods or services and sent on behalf of Purple, using the same or substantially the same dialing technology that Purple used to send the text messages to the plaintiff in this case,
For whom Purple has no record showing that the persons gave their “express written consent” to receive such messages before they were sent out.

Article Type: Lawsuit
Topic: Privacy

Most Recent Case Event

Purple Innovation Telemarketing Text Messages TCPA Complaint

April 2, 2020

Purple Innovation, Inc. makes comfort and bedding products, such as mattresses, pillows, bases, cushions, and sheets. While it sells these online and in brick-and-mortar stores, the complaint for this class action alleges that the company also seeks customers by unlawful telemarketing. According to the complaint, Purple is responsible for telemarketing that violates the Telephone Consumer Protection Act (TCPA).

Purple Innovation Telemarketing Text Messages TCPA Complaint

Case Event History

Purple Innovation Telemarketing Text Messages TCPA Complaint

April 2, 2020

Purple Innovation, Inc. makes comfort and bedding products, such as mattresses, pillows, bases, cushions, and sheets. While it sells these online and in brick-and-mortar stores, the complaint for this class action alleges that the company also seeks customers by unlawful telemarketing. According to the complaint, Purple is responsible for telemarketing that violates the Telephone Consumer Protection Act (TCPA).

Purple Innovation Telemarketing Text Messages TCPA Complaint
Tags: TCPA, Unsolicited Text Messages, Use of Automatic-Capable Dialer