A decision earlier this month out of the Northern District of Illinois provides important cautionary tales for companies sending marketing text messages, as well as text messaging platform providers. Defendants Ralph Lauren Corporation, Ralph Lauren Retail, Inc., (collectively, “Ralph Lauren”) and the marketing company Ralph Lauren uses, Vibes Media, LLC (“Vibes”), had their motion to dismiss plaintiff Patrick Hudson’s (“Plaintiff”) amended complaint denied. Hudson v. Ralph Lauren Corp., No. 18 C 4620, 2019 WL 1953106 (N.D. Ill. May 1, 2019).
In Hudson, Plaintiff filed a putative TCPA class action suit after allegedly receiving 188 text messages from Ralph Lauren and Vibes (“Defendants”). Id. at *1. In the amended complaint, Plaintiff claimed that Defendants violated the TCPA by “sending him text messages using an [ATDS] without his express consent and by failing to include opt-out instructions in each message.” Ibid.
The facts are where this case is somewhat interesting. The initial text message that
Article source: https://www.natlawreview.com/article/courts-says-ralph-lauren-should-have-designed-better-text-message-marketing-program
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