Lands' End Faces TCPA Class Action From Alleged Junk Faxes

Lands' End, a Wisconsin-based clothing retailer, was named as a defendant in a putative class action filed January 4 under the Telephone Consumer Protection Act in federal court in Connecticut.  The TCPA includes, as a result of the Junk Fax Protection Act of 2005, prohibitions on sending unsolicited fax advertisements without a required opt-out notice containing various discrete items of information.  The plaintiff in the case, Gorss Motels Inc., alleges it received an unsolicited fax advertisement from Lands' End that did not include the required opt-out language.   

Gorss Motels seeks to represent both itself and a class consisting of any persons who received faxes from Lands' End lacking an opt-out notice.  Although the TCPA's language requires an opt-out only on unsolicited fax advertisements, Gorss Motels proposes to represent a class that includes recipients of both unsolicited and solicited faxes, as long as those faxes also lacked an appropriate