Robocall Suit Over Botox Commercial's Related Text Messages

Robocall Suit Over Botox Commercial’s Related Text Messages

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Telephone Consumer Protection Act Class Action Filed Against Allergan Related to Botox Advertising Text Messages

Kehoe Law Firm, P.C. is making consumers aware that on April 24, 2020, a class action lawsuit alleging violations of the Telephone Consumer Protection Act was filed against Allergan, Inc. in United States District Court, Central District of California.

The complaint alleges that Plaintiff, after seeing a Botox commercial, texted “SAVE” to short code 27747 “solely to confirm his eligibility for discounted or free pharmaceuticals.”  In response to Plaintiff’s “SAVE” text message, Defendant Allergan, allegedly, sent the following two text messages to Plaintiff’s cell phone number from short code 64600:

Hello, please note that Allergan has an additional California Privacy Policy that you can view at www.allergan.com/privacy/ccpa

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Are you eligible for the BOTOX¿ Saving Program? You’ll get 4 questions to answer via text. Terms & Conditions: bit.ly/2RvxiWr Msg & data rate may apply. STOP to end. HELP for help. See full Product Information, including Boxed Warning: bit.ly/2RKyxW4

(Q1 of 4) Do you have commercial health insurance or commercial prescription drug insurance? Reply YES or NO.

The Plaintiff, according to the complaint, never responded to Allergan’s text messages, and Defendant sent the following additional text message advertisement to Plaintiff’s cell phone:

Are you still interested in BOTOX¿ Savings Program? Reply YES to continue enrollment, STOP to end. See full Product Information, including Boxed Warning: bit:ly/2RKyxW4

Allergan’s commercial, according to the complaint, did not inform the Plaintiff that Plaintiff was authorizing Allergan to send him text messages using an Automatic Telephone Dialing System, and “[t]he source of each of the unsolicited SMS text messages sent by Defendant to the [Plaintiff’s] number was 27747, which is an SMS short code owned or leased by or on behalf of Defendant, and is used to operate Defendant’s text message campaign, including the sending of SMS text messages telemarketing and advertising various of Defendant’s goods and services such as Botox.”

Do You Believe You Are a Victim of Illegal Robocalls, Text Messages, “Junk” Faxes or Telemarketing Sales Calls?

If you have received illegal robocalls, text messages, “junk” faxes or telemarketing sales calls, you may be able to recover at least $500 for each illegal call, text or fax you received and, possibly, as much as $1,500 for each illegal call, text message or facsimile that was made either willfully or knowingly in violation of the Telephone Consumer Protection Act.

To help evaluate your potential legal claims under the Telephone Consumer Protection Act, please complete KLF’s confidential Robocall Questionnaire or, if you prefer to speak with an attorney, please complete the form above on the right, e-mail [email protected] or contact Michael Yarnoff, Esq., [email protected], (215) 792-6676, Ext. 804, for a free, no-obligation evaluation of your potential legal rights.

Kehoe Law Firm, P.C.