Consumer NewsConsumer Protection Class ActionSpam Text Messages
Lawsuit Filed Against Build-A-Bear for Unlawful Text Messages
[et_pb_section][et_pb_row][et_pb_column type=”4_4″][et_pb_text]Shawn J. Wanta and Scott Moriarity of Wanta Thome PLC, along with David T. Butsch and Christopher E. Roberts of Butsch Roberts & Associates LLC, have filed a class action lawsuit against Build-A-Bear Workshop, Inc. The lawsuit alleges that Build-A-Bear violated the Telephone Consumer Protection Act (TCPA) and its regulations by sending two or more text messages in a 12-month period to members of the Do Not Call Registry without their consent. The plaintiff, a registered member of the Do Not Call Registry since 2008, purchased three stuffed animals from Build-A-Bear through its website in August 2020. To the best of his knowledge, he did not consent to text messages from Build-A-Bear when purchasing the items. Starting in November 2020, he started to receive unsolicited text messages from the company. In the texts, Build-A-Bear promoted the sale of their products with hyperlinks to their website and social media accounts. The plaintiff repeatedly attempted to opt-out of the text messages by texting “Stop” in response. Each time he did so he received confirmation that he had successfully opted out of future text messages from Build-A-Bear, however the text messages continued well into January 2021. Justifiably, the plaintiff found these text messages to be annoying and intrusive. According to its Global Privacy Policy as of January 2021, Build-A-Bear “honors a ‘once out—always out’ policy. Once you opt out, you are opted out of that type of communication and that brand until we are explicitly told in writing to opt you back in.” Build-a-Bear violated this policy as their opt-out system was effectively nonfunctional and plaintiff was unable to put a stop to the text messages. The lawsuit demands judgment against Build-A-Bear for statutory damages, treble damages, attorney fees and costs and any other relief provided by law. Under the TCPA, the statutory fine is no less than $500 per violation and up to $1,500 per each violation determined to be willful.The proposed class members are those who (1) registered their telephone number(s) with the Do Not Call Registry; (2) at least 31 days after Do Not Call registration and in the four years prior to the filing of this lawsuit, received two or more text message solicitations from Build-A-Bear within a 12-month period; and (3) prior to receiving such text message solicitations, had revoked consent to receiving such text message solicitations from Build-A-Bear.The consumer rights and class action attorneys at Wanta Thome PLC are committed to stopping illegal texts. If you received text messages from Build-A-Bear and believe that you qualify as a class member in this lawsuit, contact us today by clicking here or calling us at 612-252-3570. [/et_pb_text][/et_pb_column][/et_pb_row][/et_pb_section]
