This class action lawsuit alleges that HD Supply, Inc. committed numerous negligent as well as knowing/willful violations of the Telephone Consumer Protection Act (TCPA) by sending unsolicited advertising text messages to the plaintiff and others who also incurred charges for the incoming calls to their cellular telephones.
The plaintiff in this case is a resident of California and has initiated suit against defendant HD Supply, Inc., a corporation with its principal place of business within the State of Georgia. In 2011, the plaintiff visited one of the defendant's construction supply retail locations and was informed by an employee that if he sent a text message to a specified telephone number, he would receive a 10% discount coupon that could be used immediately. According to the plaintiff, he was not informed that by sending that text message, he would be facilitating future spam text messaging from the defendant.
Soon after the store visit, the defendant began to use the plaintiff's cellular phone number to send spam advertising and promotional offers and has continued to do so. On August 3 of this year, the plaintiff responded to a text advertisement from the defendant with the word "STOP" at which point he received a notification response saying that he had opted out and would no longer receive text alerts. On October 9, 2015, the plaintiff received another text message from the defendant stating that he had opted in to receive four message per month of promotional offers, after which he was set another advertisement. That same day, he received a text message stating that he had opted out and would no longer receive the messages.
Each of the messages received by the plaintiff was sent by an automatic telephone dialing system and each caused him to incur a charge for the incoming call. The calls were not for emergency purposes, and the plaintiff never provided the defendant with prior express consent to receive unsolicited text messages. As a result, the plaintiff argues, HD Supply has committed numerous violations of the TCPA and is therefore liable for statutory damages to all who received the text messages.
The plaintiff is seeking $500 in statutory damages for each an every negligent violation of the TCPA, $1500 in damages for each and every knowing and/or willful violation of the Act and injunctive relief prohibiting such further conduct in the future.
Enacted by Congress in 1991, the TCPA is intended to restrict the use of automated telephone equipment and telephone solicitations and to protect the privacy of citizens who have not consented to receive such communications, whether via telephone call, voice recording, SMS text message or fax transmission.
This lawsuit is dated 10/21/15. Defendants are afforded 30 days within which to respond to the allegations contained in the complaint, though that period is routinely extended by consent of the parties.