Marketing company Experian Marketing Solutions Inc. Nov. 30 shook off a putative class action accusing it of sending unsolicited commercial text messages on behalf of clothing retailer American Eagle Outfitters Inc. (Melito v. Am. Eagle Outfitters, Inc., 2015 BL 392301, S.D.N.Y., 1:14-cv-02440-VEC, 11/30/15).
Judge Valerie E. Caproni of the U.S. District Court for the Southern District of New York held that the plaintiffs’ assertion that Experian “sent or caused” text messages to be sent is “simply a legal conclusion devoid of further factual enhancement.”
According to the plaintiffs’ third amended class action complaint, in November 2013, American ...
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