Last week, Victoria’s Secret was hit with a class action in California alleging that the lingerie company sent Michael Hannegan almost 100 texts in one day in violation of the Telephone Consumer Protection Act (TCPA). Hannegan admits he did opt-in to receiving promotional texts from Victoria’s Secret in May of this year, but Victoria’s Secret said it would only send six text messages per month in its confirmation text. Hannegan’s Complaint says, “Because the initial opt-in message that defendant sent to plaintiff stated that he would receive no more than six messages per month, any additional messages beyond the first six messages he received in any given month were unauthorized and sent without plaintiff’s consent in violation of the [TCPA].” Hannegan calls Victoria’s Secret’s text messaging marketing campaign “misguided” and now seeks to certify a class of consumers across the country who received more than 6 text messages in one month over the past four years and seeks an injunction against Victoria’s Secret as well as damages. This is a new type of TCPA claim; while Victoria’s Secret appears to have obtained prior express consent in accordance with the TCPA, it also appears to have overstepped the boundaries of the consent. We will watch this case to see how far it progresses.