FragranceNet Unsolicited Text Message Class Action
Case Overview
Andrea Velazquez initiated a class action lawsuit against Telescents Inc., which operates as FragranceNet. The allegations center on the company sending unsolicited text messages to consumers' phone numbers, even those numbers that were registered with the National Do-Not-Call Registry. The complaint further alleges that the company sent multiple telemarketing messages to Velazquez and other consumers, including messages sent outside of designated hours.
The lawsuit asserts violations of the Telephone Consumer Protection Act (TCPA) and associated FCC regulations. Specifically, the complaint claims that FragranceNet sent marketing texts without the recipient's prior express invitation or permission, and that the messages did not include opt-out instructions. The plaintiff seeks injunctive relief, statutory damages, and treble damages for any willful or knowing violations.
The proposed class includes individuals who received more than one telemarketing text message from FragranceNet within a 12-month period, with at least one message occurring before 8 a.m. or after 9 p.m. A subclass is also proposed for consumers who received multiple messages to a number listed on the National Do-Not-Call Registry for at least 30 days prior to the first challenged message. The plaintiff is represented by Vinit R. Venkatesh of PLG Damage Attorneys.
,Who May Qualify
Persons who, from four years prior to the filing of the action, received more than one telemarketing text message from FragranceNet within a 12-month period where at least one such message was initiated before 8 a.m. or after 9 p.m., or a subclass of consumers who received more than one telemarketing text message within a 12-month period to a phone number that had been listed on the National Do-Not-Call Registry for at least 30 days before the first challenged text message.
Frequently Asked Questions
Who can file a claim in this lawsuit?
The class action proposes to represent persons who received more than one telemarketing text message from FragranceNet within a 12-month period, provided at least one of those messages was sent before 8 a.m. or after 9 p.m. A subclass is also included for those who received multiple messages to a number on the National Do-Not-Call Registry for at least 30 days beforehand.
What laws are allegedly violated by FragranceNet?
The lawsuit alleges that FragranceNet violated the Telephone Consumer Protection Act (TCPA) and FCC regulations. These violations relate to sending unsolicited telemarketing text messages without proper permission or opt-out instructions.
What is the current status of the lawsuit?
The lawsuit was filed in the U.S. District Court for the Central District of California. The content provides details about the allegations and the proposed class but does not state a current settlement status or deadline for participation.
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