Fitapelli & Schaffer, LLP filed a class action lawsuit on April 8, 2014 on behalf of all consumers who received text messages from American Eagle Outfitters, Inc. and/or AEO Management Co. (collectively, “AEO”) without their prior express written consent. The class action lawsuit alleges that AEO violated the Telephone Consumer Protection Act of 1991 (“TCPA”) by failing to obtain each consumers express written consent before sending them text messages advertising sales, promotions, coupons, and new merchandise.
Since February 2014, Plaintiff has received numerous text messages from AEO to her cellular phone. The text messages advertised AEO’s promotions regarding their jeans, shorts, and flip flops. Also, the text messages advertised AEO’s new clothing line for dogs. Plaintiff never provided her prior written consent to receive such text messages.
In 1991, Congress enacted the TCPA in response to a growing number of consumer complaints regarding certain telemarketing practices. The TCPA makes it unlawful to make any calls, send any text messages, or send any faxes to consumers for commercial purposes without that consumer’s prior express written consent. If a company is communicating with consumers in any of these ways without prior written consent, it is illegal and the consumer is entitled to receive a statutory penalty of at least $500 (up to $1,500) for each violation.
Anyone who has received text messages from American Eagle Outfitters that advertised their sales, promotions, coupons, and/or merchandise, who has questions about the lawsuit, should contact Fitapelli & Schaffer, LLP, (212) 300-0375. You can also view the complaint here.