Our firm is receiving complaints from consumers who are receiving Banana Republic text spam. If you texted “BANANA” to 89532 for a Banana Republic SMS coupon, style tips, and insider offers, and want to continue to receive text messages, that’s great. But if Banana Republic doesn’t honor your “opt-out” request, you may be able to recover money. In other words, when consumers ask to stop receiving Banana Republic text messages and the texts keep coming, they could have a case in court.
Banana Republic was founded in 1978 as a travel and safari clothier with a whimsical catalog, and became a division of Gap, Inc. in 1983. In addition to a robust online presence, today Banana Republic has more than 500 brick-and-mortar stores in the U.S. In contrast to Gap’s value-oriented brand Old Navy, Banana Republic trends toward an “urban safari” look that features more luxurious fabrics.
Clothing companies encourage customers to find the right fit, but sometimes the companies’ text messaging practices don’t align with the law. The federal Telephone Consumer Protection Act (TCPA) and the Federal Communications Commission regulate what businesses can and cannot do with respect to text messages.
For example, the law says that a company must have your permission to send you a text. It also forbids businesses from sending additional text messages once you’ve asked them to stop. When a company keeps texting you after you’ve told them not to, you can sue in federal court for $500 to $1,500 per text.
If you’ve been receiving unwanted Banana Republic text messages, Lemberg Law can help. Call our office at 475-277-2200 for a free case evaluation.