Powell v. New York & Company, Inc. (U.S. District Court, District of Columbia, Case No. 1:16-cv-00855)

In a class action complaint, Lemberg Law is representing Sheila Powell, who is suing New York & Company, Inc. and New York & Company Stores, Inc. for alleged violations of the Telephone Consumer Protection Act (TCPA). The complaint alleges that New York & Company sent unauthorized telemarketing text messages to Ms. Powell’s cell phone.

New York & Company sells women’s clothing online and in its more than 500 stores. The complaint outlines that the company established an automated text messaging program to send promotions and discounts to consumers via automated cell phone text messages. While New York & Company’s text messages told consumers they could text “STOP” to opt out, Ms. Powell’s lawsuit alleges that those “STOP” requests weren’t honored. Because New York & Company didn’t have express written consent to continue texting, the lawsuit argues that the company violated the TCPA.

Ms. Powell says that she received a text message from 697895 that said, “Take $25 off w/purch of $75 or more! Recurring msgs/mo. Txt STOP to Stop.” Ms. Powell texted back “STOP,” yet a week later she received another text message.

The proposed class of people represented are those in the U.S. who, between May 6, 2012 and May 6, 2016, received a cell phone text message, replied “STOP” and later received at least one additional text message to the same cell phone number.

Update: The defendants have filed a motion to dismiss the case. That motion is pending before the court.