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Interesting new TCPA class action filing.
Dr. Evil and the folks at LawHQ have filed a class action against Genesco, Inc. alleging it continued to send SMS messages promoting Journeys after a consumer texted stop.
Per the complaint the following messages were sent:
Notice the stop notification on December 5, 2024.
Interestingly the messages were sent to a shortcode so the stop should have been picked up automatically– this is especially true as the complaint alleges Salesforce and Twilio were involved in sending the messages.
Specifically the complaint alleges:
A stop bug in the SF marketing cloud and Twilio integration would be big news and might impact thousands of companies.
Then again maybe this was just a set up problem with Journeys.
Or maybe the plaintiff is just lying.
Who knows.
For now, we know Plaintiff hopes to represent a class as follows:
The Internal Do Not Call Class: All persons in the United States, (1) to whom
Genesco initiated, or caused to be initiated, (2) more than one text message
promoting goods or services within any 12-month period, (3) after receiving a do
not call request, (4) within the last four years prior to the filing of this action through
the date class notice is sent.
Will keep an eye on this.
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