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FANCY: High-End Retailer Neiman Marcus Stuck in Low-End FTSA Suit
Wednesday, June 19, 2024

Well even the hoity toity folks over at Neiman Marcus have to deal with the FTSA.

It seems like hundreds of these cases have been brought against mostly-small mom-and-pop retailers trying to communicate with their clients. But it turns out the big boys aren’t exempt from being sued here, although I have to say the theory being asserted is really bad.

You all may remember a while back I commented on the dreadful theory that sending a text from a shortcode automatically violates the FTSA because you can’t call back on the number that sent the text.

Awful.

Well that’s the theory asserted against Neiman Marcus. They did nothing wrong–they just sent a text from a number you couldn’t call back on.

The case is filed in state court and given the standing rules in Florida right now I don’t think the case is going to last too long. And it is brought by these guys at Social Justice Law Collective who just won’t seem to give up these terrible cases.

Still its nice to see even the premium retailers have to fend off these dumb cases once in a while.

Complaint here: NM Complaint

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