Transform SR Brands, LLC does business under a familiar name—Sears. The complaint for this class action alleges that the company engages in telemarketing to find customers and that it violates both the Telephone Consumer Protection Act (TCPA) and the Florida Telephone Solicitation Act (FTSA), by sending unsolicited text messages, without the prior express written consent of the recipients and without including required information in its text messages.
Beginning on or around July 22, 2022 and continuing through August, the complaint alleges, Sears sent at least fifty telemarketing text messages to the plaintiff in this case, Andrew Baker.
One, for example, shown in a screenshot in the complaint, began, “Sears: Family & Friends FLASH Sale! NOW thru 7/25 – Incredible Deals on Appliances, Tools and More! Online only…”
Another began, “Sears: Cool down and save up to 20%! Portable and window air conditioners ready to ship: SHOP NOW…”
And a third began, “Sears: High score! PS5s are In-Stock and Ship for FREE – SHOP NOW…”
The complaint alleges that the messages did not provide the name of the individual caller, the name of the legal entity on whose behalf the text was sent, or a phone number or address at which the company could be contacted. They also offered no way to opt out of receiving any further messages, the complaint alleges.
The complaint also claims that Sears used an automated messaging platform to send the messages, and that Baker never consented to receiving telemarketing messages by this means.
Three classes have been defined for this action:
- The IDNC Class is all persons in the US who, between August 29, 2018 and the date the class is certified in this case, (1) received two or more text messages in any twelve-month period, (2) about Sears’s property, goods, or services, (3) to that person’s residential phone number.
- The FTSA Class is all persons in Florida who (1) were sent a telephone sales call about Sears’s property, goods, or services (2) using the same equipment or type of equipment used to call the plaintiff in this case.
- The Seller Identification Class is all persons in the US who, between August 29, 2018 and the date the class is certified in this case, (1) received two or more text messages in any twelve-month period, (2) about Sears’s property, goods, or services, (3) to that person’s residential phone 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.
Topic: Privacy
Most Recent Case Event
Sears Telemarketing Text Messages TCPA, FTSA Complaint
September 29, 2022
Transform SR Brands, LLC does business under a familiar name—Sears. The complaint for this class action alleges that the company engages in telemarketing to find customers and that it violates both the Telephone Consumer Protection Act (TCPA) and the Florida Telephone Solicitation Act (FTSA), by sending unsolicited text messages, without the prior express written consent of the recipients and without including required information in its text messages.
Sears Telemarketing Text Messages TCPA, FTSA ComplaintCase Event History
Sears Telemarketing Text Messages TCPA, FTSA Complaint
September 29, 2022
Transform SR Brands, LLC does business under a familiar name—Sears. The complaint for this class action alleges that the company engages in telemarketing to find customers and that it violates both the Telephone Consumer Protection Act (TCPA) and the Florida Telephone Solicitation Act (FTSA), by sending unsolicited text messages, without the prior express written consent of the recipients and without including required information in its text messages.
Sears Telemarketing Text Messages TCPA, FTSA Complaint