AN UNCOMFORTABLE SEAT- TCPA Class Action Lawsuit Just Filed Against Big Sandy Furniture
Big Sandy Furniture is facing a TCPA class action lawsuit for allegedly sending unsolicited text messages to a consumer on the National DNC list.Summary
A class action lawsuit has been filed against Big Sandy Furniture (a/k/a Big Sandy Superstore) alleging violations of the Telephone Consumer Protection Act (TCPA). The suit claims the company used an automatic telephone dialing system to send unsolicited text messages advertising furniture and appliances to a plaintiff registered on the National Do-Not-Call (DNC) list. A key question in the case is whether text messages are considered “calls” under the TCPA, a point of contention among courts, particularly following the Davis v. CVS Pharmacy, Inc. decision. While some courts have ruled texts are not “calls,” the plaintiff’s counsel likely anticipated this argument, suggesting a potential novel legal strategy. The outcome of this case could further clarify the scope of the TCPA’s DNC provisions regarding text messaging, and updates will be provided as the case progresses.
(Source：National Law Review)