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March 25, 2013 / Corina Valderrama

Target Sued for Unsolicited Text Messages to Consumers

Kenneth Hill recently filed a class action lawsuit in Oklahoma federal court against Target alleging that the retailer sends unsolicited text messages to consumers’ cell phones in violation of federal law.  The lawsuit claims that Target used a third-party company to conduct a marketing campaign that included sending unsolicited text advertisements to cell phone users across the country.  Hill said he received text messages as a part of this campaign although he never requested them and had not shopped at a Target in over a year and a half.

According to federal Telephone Consumer Protection ACT (“TCPA”), companies are prohibited from contacting consumers on their cell phone without prior express permission.  “By effectuating these unauthorized text message calls … defendant has caused consumers actual harm, not only because consumers were subjected to the aggravation that necessarily accompanies wireless spam, but also because consumers frequently have to pay their cell phone service providers for the receipt of such wireless spam,” the class action lawsuit states.

The TCPA carries stiff penalties for violations that can amount to $500 per violation.

If you or someone you know have been the victim of unsolicited text messages from a company please contact Khorrami, LLP for a private consultation.

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