Snow Joe Unsolicited Text Messages TCPA Class Action

Snow Joe, LLC sells snow blowers, lawn mowers, and other tools. How does it find buyers for its products? The complaint for this class action alleges that it sends consumers text messages in ways that violate the Telephone Consumer Protection Act (TCPA).

Congress passed the TCPA to try to protect consumers from the flood telemarketing brought about by the increasing availability of automated telecommunications equipment, including automatic telephone dialing systems (ATDSs) and equipment for transmitting artificial or prerecorded voices.

Of particular concern were calls made to consumer cell phones, since cell phone owners typically pay for incoming as well as outgoing calls. This improperly shifts some of a telemarketer’s expenses to the consumer.

Under the TCPA, businesses may not place calls to consumer cell phones, using ATDSs or artificial or prerecorded voices, unless they have the consumers’ prior express written consent, or in emergency situations.

In the case of plaintiff April Stewart, no emergency was involved.

On February 25, 2020, she received an unsolicited text message from Snow Joe. The message featured an image of a piece of equipment looking roughly like a chainsaw with a banner saying, “Save up to 35% off 24v ion+ deals.” The body of the message began, “Snow Joe: Cord-free + Power-full! Shop new and best selling 24v ion+ tools for up to 35% off! Save now at…” After that came a link.

The complaint alleges that Snow Joe used an ATDS to send this text message, adding, “This is evident from the circumstances surrounding the text message, including the text message’s commercial and generic content, that the text was unsolicited, and that the text message was sent from a short code.”

Stewart says she never gave her consent for Snow Joe to send her text messages using an ATDS or to contact her in any other manner.

The complaint alleges violations of the TCPA and asks for “a minimum of $500 and a maximum [of] $1,500 in damages for each violation.” It also asks for an injunction requiring Snow Joe to stop its texting of unsolicited messages.

The ATDS Class for this action is all persons (1) to whose cell phones a text message was sent by or on behalf of Snow Joe, (2) using a dialing system substantially similar to the one used to text the plaintiff in this case (3) for a substantially similar reason as Snow Joe texted the plaintiff in this case, between April 5, 2016 and the date of certification of the class in this case.

Article Type: Lawsuit
Topic: Privacy

Most Recent Case Event

Snow Joe Unsolicited Text Messages TCPA Complaint

April 5, 2020

Snow Joe, LLC sells snow blowers, lawn mowers, and other tools. How does it find buyers for its products? The complaint for this class action alleges that it sends consumers text messages in ways that violate the Telephone Consumer Protection Act (TCPA).

Snow Joe Unsolicited Text Messages TCPA Complaint

Case Event History

Snow Joe Unsolicited Text Messages TCPA Complaint

April 5, 2020

Snow Joe, LLC sells snow blowers, lawn mowers, and other tools. How does it find buyers for its products? The complaint for this class action alleges that it sends consumers text messages in ways that violate the Telephone Consumer Protection Act (TCPA).

Snow Joe Unsolicited Text Messages TCPA Complaint
Tags: TCPA, Unsolicited Text Messages, Use of Automatic-Capable Dialer