/>iHey TCPAWorld!
It’s been several days and I’m still shell-shocked from one-to-one consent being stayed by the FCC. In some parallel universe, the rule goes into effect and the 11th Circuit doesn’t vacate the FCC’s order. Alas, here we are—business as usual with another TCPA complaint update.
This week, we’re covering a complaint filed against Easy Spirit, LLC, a footwear company specializing in comfortable and affordable shoes for women.
In WILSON v. EASY SPIRIT, LLC, No. 3:25-CV-00112-SFR (D.Conn. Jan. 22, 2025), Wilson (“Plaintiff”) alleges that even though Plaintiff has been listed on the National Do-Not-Call Registry (“DNCR”) for over 30 days, Easy Spirit, LLC (“Defendant”) delivered over a dozen text messages to Plaintiff’s residential number, including on nine separate days between December 19, 2024 and January 7, 2025, among others. One example reads:
EASY SPIRIT: End 2024 in style with an extra 40% OFF sale! Shop now: https://ltrk.co/EBYVIH
Id. at ¶ 13. Due to these accusations, Plaintiff filed a Complaint in the District of Connecticut alleging Defendant violated the DNC provisions, 47 U.S.C. 227(c)(5) and 47 C.F.R. § 64.1200(c)(2), by delivering telemarketing messages to Plaintiff, while Plaintiff was listed on the DNCR.
Plaintiff seeks to represent the following class:
National DNC Class: All persons throughout the United States (1) who did not provide their telephone number to Easy Spirit, LLC, (2) to whom Easy Spirit, LLC delivered, or caused to be delivered, more than one voice message or text message within a 12-month period, promoting Easy Spirit, LLC goods or services, (3) where the person’s residential or cellular telephone number had been registered with the National Do Not Call Registry for at least thirty days before Easy Spirit, LLC delivered, or caused to be delivered, at least two of the voice messages or text messages within the 12-month period, (4) within four years preceding the date of this complaint and through the date of class certification.
Id. at ¶ 21.
One-to-one consent was stayed. DNC provisions are alive and well. The new revocation rule—which requires revocation requests to be honored within a reasonable timeframe, not exceeding 10 business days— is scheduled to take effect on April 11, 2025.
