Lawsuit Filed Against Build-A-Bear for Unlawful Text Messages
Oct 15, 2021
Shawn J. Wanta and Scott Moriarity of Baillon Thome Jozwiak & Wanta LLP, 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.
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 Baillon Thome Jozwiak & Wanta LLP 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.