Saks Fifth Avenue грозит иск за рассылку спа姆-сообщений в нерабочее время

The online arm of luxury department store Saks Fifth Avenue is facing a proposed class action lawsuit for unsolicited telemarketing text messages, including those sent before work hours, court documents show. Plaintiff Benjamin Rushin filed the lawsuit against Saks.com last month in the Western District of California, alleging that the retailer violated the 1991 Telephone Consumer Protection Act (TCPA) and regulations from the Federal Communications Commission (FCC). “Defendant’s unlawful conduct invaded Plaintiff’s privacy, disturbed Plaintiff’s peace and quiet, and caused nuisance and annoyance in a realm that is private and personal,” the filing read. “The subject messages were not informational or transactional,” it said, noting that they were meant to “advertise, promote, and encourage the purchase” on Saks.com. This, Rushin said, is despite his number being listed on the National Do-Not-Call Registry since July 2014. He said he did not provide permission to send the telemarketing messages. The registry, which is managed by the Federal Trade Commission, is meant to stop unwanted sales calls. It does not block calls, but it informs registered telemarketers which numbers not to call. The lawsuit noted that a text message still qualifies as a “call” under the TCPA. Moreover, it noted that FCC regulations prohibit telephone solicitation before 8:00 a.m. or after 9:00 p.m., as well as if the number is registered on the National Do-Not-Call Registry for at least 30 days. The lawsuit further said that.com cannot claim it was acting in good faith, or what is known in legal parlance as safe harbor. This is because “it did not establish and implement, with due care, reasonable practices and procedures effectively to prevent telephone solicitations to numbers listed on the National Do-Not-Call Registry.” As of publication, the judge has not yet certified the case as a class action, which federal law requires to meet certain standards, such as the scale and commonality of the harm. The luxury retailer emerged from Chapter 11 bankruptcy last June. Saks Global, which houses Saks Fifth Avenue, Neiman Marcus and Bergdorf Goodman, is now operating under the name Exemplar Luxury Group.