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Retail giant Dick’s Sporting Goods is facing allegations of violating the Telephone Consumer Protection Act (TCPA), after allegedly sending a number of unwanted text messages to a consumer.
Plaintiff Phillip Nghiem filed the proposed TCPA class action against Dick’s Sporting Goods, stating that even though he initially signed up to receive text alerts on athletic shoes the company continued to send unwanted text messages even after opting out.
Filed in California federal court, Nghiem also stated the company had tried to force him out of the proposed class action lawsuit after citing the company’s arbitration.
Nghiem stated that Dick’s arbitration clause, featured on the terms and conditions segment of the company’s website, does not make the company immune to the federal law.