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American Eagle Text Message Lawsuit

Posted by: Brian Schaffer

A class action lawsuit was filed on April 8, 2014 against American Eagle Outfitters, Inc. and AEO Management Co. (collectively, “AEO”) for allegedly violating the Telephone Consumer Protection Act of 1991 (“TCPA”) by sending text messages to recipients’ cellular phones without their prior express written consent.

Since February 2014, Plaintiff has received numerous text messages from AEO. The text messages advertised sales/promotions, coupons, and even AEO’s latest line of clothes for dogs. Plaintiff never provided her express written consent to receive these text messages. As such, AEO may be liable to pay damages up to $1,500 for each violation.

In 1991, Congress enacted the TCPA in response to a growing number of consumer complaints regarding certain telemarketing practices. The TCPA makes it unlawful to make any calls, send any text messages, and/or send any faxes to a person or business, for commercial reasons, without that person’s express written consent. Each recipient of an unlawful call, text message, and/or fax, may receive a statutory penalty of at least $500 (up to $1,500) for each violation.

The lawyers of Fitapelli & Schaffer, LLP have begun representing everyday people who have faced unwanted, endless telemarketing calls at home, business, and/or on their mobile devices. If you are receiving unwanted telemarketing calls and want to stop them as soon as possible, then please call the lawyers of Fitapelli & Schaffer, LLP, (212) 300-0375, to schedule a free consultation.

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