Happy Sunday TCPAWorld! The Baroness here and I’m upset to report this one.
A new putative class action has just been filed against none other than Alo Yoga, the popular athletic apparel brand loved by many (myself included—I was literally in one of their stores yesterday).
Unsurprisingly, Jibarel’s office is behind this one. When are they not filing lawsuits?
Here are the allegations in the Complaint:
Plaintiff alleges she received text messages from Alo, but then requested “Stop” to opt-out from further communications.
Alo supposedly ignored Plaintiff’s request and continued to text her.
Oh no…
If true, Alo may be in some trouble.
Of course, all avid TCPA readers know that the FCC issued a stay on parts of the new revocation rules with the new effective date of April 11, 2026. Read more below.
But for now, folks should still remain cautious and take revocation seriously.
Plaintiff alleges the purpose of the text messages were to solicit a sale.
Because of this, Plaintiff alleges Alo has failed to institute procedures for maintaining an internal DNC list.
And of course, Plaintiff alleges her phone number is on the National DNC Registry.
Based on the above, Plaintiff seeks two represent TWO nationwide classes:
IDNC Class: all persons within the United States who, within the four years prior to the filing of this lawsuit through the date of class certification, received two or more text messages within any 12-month period, from or on behalf of Defendant, regarding Defendant’s goods, services, or properties, to said person’s residential telephone number, after communicating to Defendant that they did not wish to receive text messages by replying to the messages with a “stop” or similar opt-out instruction.
DNC Cass: all persons in the United States who from four years prior to the filing of this action through the date of class certification (1) Defendant, or anyone on Defendant’s behalf, (2) sent more than one text message call within any 12-month period; (3) where the person’s telephone number that had been listed on the National Do Not Call Registry for at least thirty days; (4) regarding Defendant’s property, goods, and/or services; (5) who did not purchase or transact business with Defendant during eighteen months immediately preceding the date of the first message; and (6) who did not contact Defendant during the three months immediately preceding the date of the first message with an inquiry about a product, good, or service offered by Defendant.
Eesh.
Because this case was just filed, we’ll see how far this case goes.
Rest assured TCPAWorld, I will be keeping a close eye on this one and will continue to provide updates.
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