May 28 2019

IRVINE, CALIF.—A new federal court ruling regarding text messages sent to customers puts the burden on companies to not exceed agreed-upon texting limits. Womble Bond Dickinson attorney Shane Micheil recently discussed Hudson v. Ralph Lauren et. al. with the Cook County Record, saying the case may set a precedent for future texting cases under the Telephone Consumer Protection Act (TCPA).

In the case in question, a retailer and its marketing company allegedly sent the plaintiff dozens more text messages than had been agreed upon when plaintiff agreed to receive marketing texts from the company. The U.S. District Court for the Northern District of Illinois refused to dismiss the suit earlier in May, allowing the class action to proceed.

Micheil told the Cook County Record, “Companies need to make sure that, if they're placing limits on the scope of the frequency or number of texts, they adhere to those limits. Otherwise, Hudson shows that those companies may be exposed to TCPA liability for every text that goes beyond those limits.”

He also said the ruling could broaden the scope of texting-related TCPA litigation beyond “no-consent” cases to include more of these sorts of excessive texting complaints.

Click here to read “Man OK’d Promo Texts, But Got More than Company Said Would Send, So Lawsuit OK, Judge Says” in the Cook County Record.

Shane Micheil focuses his practice on commercial and financial services litigation. He is part of a nationally-recognized team with broad experience defending financial institutions in cases involving the Telephone Consumer Protection Act. He also has significant experience in Fair Credit Reporting Act cases.