Facts

Farideh Haghayeghi filed a class action against Guess? Inc. for allegedly violating the Telephone Consumer Protection Act.

PLAINTIFF'S CONTENTIONS:
Defendant allegedly sent text messages to consumers without first obtaining consent from the recipients in violation of the TCPA. Plaintiff allegedly received text messages that offered discounts and promoted store and website sales. Plaintiff contended that the text messages were sent using an automated dialer, prohibited under the TCPA.

DEFENDANT'S CONTENTIONS:
Defendant denied any wrongdoing, and contested the issue of consent and use of an automated dialer.

Result

Guess? agreed to settle the class action on a claims made basis, which would entitle eligible class members to either a $15 cash payment or a $30 voucher. The claims made settlement has been preliminarily approved.

Other Information

FILING DATE: Jan. 3, 2014.