Mark Trammell Sep. 9, 2015, 9:32am


A California woman seeks to stop transmission of allegedly unauthorized text messages from a retail clothing company to cellular phones and to obtain redress to all others injured by this conduct.

Martha Lozano, a citizen of California, filed suit on Aug. 26th in the Eastern Division of the Northern District Court of Illinois against Avenue Stores LLC, a Delaware limited-liability company located in New Jersey, citing violations of the Telephone Consumer Protection Act.

According to the complaint, Lozano received multiple texts from the defendant from August 2014 through October 2014. She accuses Avenue Stores of allegedly using invasive and unlawful marketing in an effort to advertise their apparel via unauthorized text message calls to cellphones of consumers across the country without their express approval.

She also accuses the defendants of violating consumer's rights to privacy, as well as the fact that, spam or not, many consumers have to pay to open such messages without being aware of their contents until its too late.

She seeks an immediate cease and desist order to prevent future such messages from going out, as well as financial statutory damages to herself and others affected by said messages, along with court and attorney fees. She also requests a trial by jury to decide the costs and damages at hand.

The plaintiff is being represented by Myles McGuire, Evan M. Meyers, and Eugene Y. Turin of McGuire Law P.C. of Chicago.

Eastern Division of the Northern District Court of Illinois case number 1:15-CV-07515.

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