LG Electronics Faces Class Action Lawsuit Over Unsolicited Marketing Texts

LG Electronics faces a class action lawsuit for allegedly violating the TCPA by sending unsolicited marketing texts during its 2024 Labor Day sale.

LG Electronics U.S.A. is facing a federal class action lawsuit due to its marketing practices during the 2024 Labor Day sale.

The lawsuit, filed on January 11, 2025, in the U.S. District Court for the Eastern District of Virginia, claims that the company violated the Telephone Consumer Protection Act (TCPA) by sending unsolicited promotional text messages to individuals whose phone numbers are on the National Do-Not-Call (DNC) Registry.

Allegations Against LG

The allegations suggest that LG’s promotions bombarded consumers with a flurry of unwanted texts advertising discounts of up to $900 on OLED televisions.

These messages, which included high-quality visuals and links, aimed to capture the attention of potential buyers.

The plaintiff further alleges that some messages might have reached unintended recipients, highlighting potential issues with how LG manages its customer database.

This raises concerns, particularly regarding the possibility that a phone number previously associated with one individual has since been assigned to another who did not consent to receive marketing communications from LG.

FCC regulations require companies to avoid contacting reassigned numbers and to have systems in place to remove them from marketing lists.

Plaintiff’s Background and Timeline Concerns

It’s worth noting that this isn’t the plaintiff’s first legal battle related to the TCPA.

The individual previously filed a similar suit against the Home Shopping Network (HSN) in November 2024, and this prior experience could influence how the court views their credibility in this case.

An intriguing element of this lawsuit is the conflicting timeline regarding the plaintiff’s DNC registration.

The complaint contains differing dates that could significantly affect whether LG bears any responsibility in this situation.

Evolving Regulatory Landscape

The case also unfolds amid discussions surrounding a forthcoming FCC rule about obtaining specific consent for marketing messages, set to take effect on January 27, 2025.

This new regulation requires businesses to obtain explicit written consent from recipients before sending marketing texts.

Although this rule wasn’t in force during LG’s campaign, it signals a shift in consumer expectations regarding privacy and consent in marketing communications.

Adding another layer of complexity, an organization known as Responsible Enterprises Against Consumer Harassment (R.E.A.C.H.) has filed an emergency petition with the FCC, requesting a 60-day delay in enacting the new rule.

They argue that additional time is necessary to fully assess the potential impacts of the regulation on small businesses.

As this legal battle unfolds, both LG and the plaintiff will find themselves navigating the evolving landscape of consumer protection laws, privacy rights, and marketing approvals.

Source: Natlawreview