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Judge refuses to toss out TCPA class action against Guess

By Kathryn Rattigan on March 26, 2015
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U.S. District Judge John A. Houston denied Guess, Inc.’s (Guess) Motion to Dismiss plaintiff, Farideh Haghayeghi’s, class action claims that Guess sent text messages in violation of the Telephone Consumer Protection Act (TCPA). Guess argued that Haghayeghi’s allegations were just “a patchwork recital” of TCPA regulations, and that the complaint had no facts to substantiate a TCPA claim. However, on March 24, 2015, Judge Houston found that Haghayeghi’s January 2014 complaint indeed contained sufficient factual allegations. Judge Houston further supported Haghayeghi’s complaint, stating that she specifically alleged that Guess did not obtain prior express consent before sending telemarketing text messages.

Judge Houston said, “The class, as currently defined is suspect as it requires a finding that defendant sent unauthorized text messages to determine who is a class member. However, the court finds it more appropriate to address the issue in a motion for class certification.” The litigation will therefore continue, as Judge Houston found “that the complaint sufficiently articulates the substance of plaintiff’s claims and permits defendant to obtain more specific details through the discovery process.” TCPA actions are becoming less of a burden for plaintiffs and more costly for defendants; the lesson know what the TCPA requires and adhere to those standards.

Photo of Kathryn Rattigan Kathryn Rattigan

Kathryn Rattigan is a member of the Business Litigation Group and the Data Privacy+ Cybersecurity Team. She concentrates her practice on privacy and security compliance under both state and federal regulations and advising clients on website and mobile app privacy and security…

Kathryn Rattigan is a member of the Business Litigation Group and the Data Privacy+ Cybersecurity Team. She concentrates her practice on privacy and security compliance under both state and federal regulations and advising clients on website and mobile app privacy and security compliance. Kathryn helps clients review, revise and implement necessary policies and procedures under the Health Insurance Portability and Accountability Act (HIPAA). She also provides clients with the information needed to effectively and efficiently handle potential and confirmed data breaches while providing insight into federal regulations and requirements for notification and an assessment under state breach notification laws. Prior to joining the firm, Kathryn was an associate at Nixon Peabody. She earned her J.D., cum laude, from Roger Williams University School of Law and her B.A., magna cum laude, from Stonehill College. She is admitted to practice law in Massachusetts and Rhode Island. Read her full rc.com bio here.

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  • Posted in:
    Class Action & Mass Torts
  • Blog:
    Data Privacy + Cybersecurity Insider
  • Organization:
    Robinson & Cole LLP
  • Article: View Original Source

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