U.S. District Judge John A. Houston denied Guess, Inc.’s (Guess) Motion to Dismiss plaintiff, Farideh Haghayeghi’s, class action claims that Guess sent text messages in violation of the Telephone Consumer Protection Act (TCPA). Guess argued that Haghayeghi’s allegations were just “a patchwork recital” of TCPA regulations, and that the complaint had no facts to substantiate a TCPA claim. However, on March 24, 2015, Judge Houston found that Haghayeghi’s January 2014 complaint indeed contained sufficient factual allegations. Judge Houston further supported Haghayeghi’s complaint, stating that she specifically alleged that Guess did not obtain prior express consent before sending telemarketing text messages.
Judge Houston said, “The class, as currently defined is suspect as it requires a finding that defendant sent unauthorized text messages to determine who is a class member. However, the court finds it more appropriate to address the issue in a motion for class certification.” The litigation will therefore continue, as Judge Houston found “that the complaint sufficiently articulates the substance of plaintiff’s claims and permits defendant to obtain more specific details through the discovery process.” TCPA actions are becoming less of a burden for plaintiffs and more costly for defendants; the lesson know what the TCPA requires and adhere to those standards.