Huron and Wright v. Jo-Ann Stores, Inc. (U.S. District Court, District of New Jersey, Case No. 1:16-cv-03493)
In a class action complaint, Lemberg Law is representing Debra Huron and Laura Wright, who are suing Jo-Ann Stores, Inc. for alleged violations of the Telephone Consumer Protection Act (TCPA). The complaint alleges that Jo-Ann Stores sent unauthorized telemarketing text messages to Ms. Huron’s and Ms. Wright’s cell phones.
Jo-Ann Stores sells craft supplies, fabrics, and services at its 850 stores and online. As part of their marketing efforts, Jo-Ann Stores sends text messages to consumers with exclusive sales deals and discounts. The complaint alleges that Jo-Ann Stores does so without obtaining prior express written consent as required by the TCPA.
Ms. Huron and Ms. Wright say that they received Jo-Ann Stores cell phone text messages without their consent. Messages said, in part, “50% off 1 reg-priced item Ends Saturday!”, “Shop the Memorial Day sale!”, and “Craft some Friday fun with 15% Off your total purch!” The messages didn’t include an automated mechanism whereby consumers could reply “stop” to end the text messages. Ms. Huron and Ms. Wright say that they never provided Jo-Ann Stores with their cell phone numbers or their consent to receive automated text messages.
The proposed class of people represented are those in the U.S. who, between June 16, 2012 and June 16, 2016, didn’t provide Jo-Ann Stores with clear and conspicuous prior express written consent to send automated telemarketing text messages and who received one or more of those messages.
Update: The defendant has filed a motion to dismiss the case. That motion is pending before the court.