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Thursday, May 2, 2024

TCPA suit filed against online lingerie seller

Federal Court
Hiraldomanuel

Manuel Hiraldo

DETROIT (Legal Newsline) – A Michigan woman says a lingerie retailer is bothering her with unwanted text messages.

Felicia Townsend, through lawyers at Florida’s Hiraldo P.A. and IJH Law, say Savage X Fenty is violating the Telephone Consumer Protection Act. The company operates the website www.savagex.com.

The text at issue advertised a candy hearts VIP box “ft. some hot V-Day treats!”

“Plaintiff did not provide Defendant with her express written consent to be contacted by text messages using an ATDS,” the suit says. “The impersonal and generic nature of Defendant’s text message demonstrates that Defendant utilized an ATDS in transmitting the messages. The message includes no personal identifiers and is formatted in a generic manner.”

The TCPA provides for either $500 or $1,500 per violation, depending on its circumstances. The lawsuit seeks class action status.

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