On July 22, 2019, Amanda Defranks (“Plaintiff”) filed a putative Telephone Consumer Protection Act (“TCPA”) class action lawsuit against clothing retailer, nastygal.com USA Inc. (“nastygal.com”). The TCPA text message lawsuit was filed in the United States District Court for the Southern District of Florida and is captioned Amanda Defranks v. nastygal.com USA Inc., Case No. 1:19-cv-23028-DPG.
What led to this TCPA text message lawsuit?
Plaintiff’s TCPA Text Message Lawsuit Claims
In her TCPA lawsuit, Plaintiff alleged that nastygal.com purportedly sent unsolicited text messages to her cellular telephone using an automatic telephone dialing system (“ATDS”) without obtaining her prior express written consent as required by TCPA regulations. In particular, Plaintiff alleged in this TCPA text message lawsuit that nastygal.com sent her a text message on May 24, 2019 and May 27, 2019. The text messages were sent from the “short code” 283-24 and promoted nastygal.com’s business by offering “60% off