This week, a plaintiff filed a Telephone Consumer Protection Act (TCPA) class action against cosmetics giant L’Oréal. The complaint alleges that the defendant failed to heed opt out requests and continued to send the plaintiff text messages.
The plaintiff in Gilburd v. L’Oréal alleges that she received marketing text messages from L’Oréal and, at some point, sent two different opt-out responses—one reading, “Opt out” and the other reading, “STOP”. The defendant allegedly sent two additional text messages after the initial opt out. The plaintiff is claiming that these are violations of the TCPA’s internal do not call (DNC) list requirements. She is seeking to represent a nationwide class of similar individuals who continued to receive text messages from L’Oreal after opting out.
While text messaging is generally safe from autodialer complaints (outside of Oklahoma and Florida) since the Supreme Court’s Facebook decision, it is not a free-for-all. There are still risks relating to such regulations as DNC lists and opt-outs. It is imperative to honor opt-outs immediately.