Visionworks of America Unwanted Text Messages TCPA Class Action

Visionworks of America, Inc. sells optical services to the retail market nationwide. The complaint for this class action alleges that one means Visionworks uses to promote its services is telemarketing. It also claims that the telemarketing that the company engages in violates the Telephone Consumer Protection Act (TCPA).

The complaint alleges that, during the past year, Visionworks has been sending telemarketing text messages to plaintiff Anthony Lawson’s cell phone.

For example, on June 25, 2020, he received a message which began, “Visionworks: ANTHONY, you are overdue for your eye exam. Please schedule your appointment…” There followed a URL and a phone number, with what are presumably office hours. The message finished up, “Txt STOP ToOptOut.”

The complaint shows a cell phone screen shot of this message as well as four other identical ones which were sent on other days.

On the same day as the first message was received, Lawson texted back the word “STOP” to opt out and to try to stop Visionworks from sending him any further text messages. However, on at least two other occasions, Visionworks again sent telemarketing text messages to Lawson’s cell phone.

Lawson’s cell phone number has been on the National Do Not Call Registry since March 7, 2018.

The No Consent Class is all persons who, between November 30, 2016 and November 30, 2020, (1) were sent a text message by or on behalf of Visionworks, (2) via an automatic telephone dialing system, (3) in order to promote Visionworks goods and services, and (4) from whom Visionworks claims either that it did not obtain prior express written consent or that it obtained it in the same manner as it supposedly obtained it from the plaintiff in this case.

The Do Not Call Registry Class is all persons in the US who, between November 30, 2016 and November 30, 2020, (1) were sent a text message by or on behalf of Visionworks (2) more than once in any twelve-month period, (4) where the person’s number had been listed on the National Do Not Call Registry for at least thirty days, (4) in order to promote Visionworks goods and services, and (4) from whom Visionworks claims either that it did not obtain prior express written consent or that it obtained it in the same manner as it supposedly obtained it from the plaintiff in this case.

The Internal Do Not Call Class is all persons in the US who, between November 30, 2016 and November 30, 2020, were sent a text message by or on behalf of Visionworks, after they had requested that Visionworks not send them any more text messages.

Article Type: Lawsuit
Topic: Privacy

Most Recent Case Event

Visionworks of America Unwanted Text Messages TCPA Complaint

November 30, 2020

Visionworks of America, Inc. sells optical services to the retail market nationwide. The complaint for this class action alleges that one means Visionworks uses to promote its services is telemarketing. It also claims that the telemarketing that the company engages in violates the Telephone Consumer Protection Act (TCPA).

Visionworks of America Unwanted Text Messages TCPA Complaint

Case Event History

Visionworks of America Unwanted Text Messages TCPA Complaint

November 30, 2020

Visionworks of America, Inc. sells optical services to the retail market nationwide. The complaint for this class action alleges that one means Visionworks uses to promote its services is telemarketing. It also claims that the telemarketing that the company engages in violates the Telephone Consumer Protection Act (TCPA).

Visionworks of America Unwanted Text Messages TCPA Complaint
Tags: Failure to stop calling faxing or texting when requested, TCPA, Unsolicited Text Messages