Well-known brand, Guess, may have been able to get get out of its intellectual property dispute with Gucci, but it now faces new legal charges in regards to consumer protection violations.
Consumers are alleging that the retailer negligently contacted them via text message, thus violating the Telephone Consumer Protection Act (TPCA). According to the complaint, Guess “stymied by federal laws limiting solicitation by telephone, facsimile machine and e-mail have increasingly looked to alternative technologies through which to send bulk solicitations to consumers easily and cheaply.”
One plaintiff in the class action suit, Farideh Haghayeghi, says that she received unsolicited text messages to her cell phone from Guess, but never gave the company the consent to actually send her these messages. Further, Guess did not inform her that it would utilize her number to send her these various promotional texts.
The worst part about this situation (and yes, it gets worse than mass retailers spamming your phone with unwanted messages… unprecedentedly uncool), is that is is costing some of these consumers money to receive these texts. For this, Haghayeghi is seeking $500 for herself and each class member in statutory damages to counteract these unwanted expenses.
In the age where technology is offering enhancements to our lives, it is hard to ignore the ways in which these developments can also pose risks to various security measures. Although legislation (such as that through the TPCA) is already in place, are there different legal reforms that can be brought about to protect consumers from corporate privacy violations?
Protecting consumers against unfortunate trends DOES NOT act as a trade-off to protection against consumer privacy. Unfortunately, however, we’re guessing we will be seeing a lot more of these consumer complaints in the future.