Class Action Alleges Blue Nile Sent ‘Intrusive’ Texts Despite Multiple ‘Stop’ Requests

great many people object to these calls, which interfere with their lives, tie up their phone lines, and cause confusion and disruption on phone records,” said Moore’s complaint. The Illinois resident’s cellphone number was listed on the national do not call registry for years before he began receiving Blue Nile’s text-message solicitations May 24, it said. The solicitations began after Moore visited a Blue Nile store, but he never gave the jeweler his consent to receive the texts, it said. The text messages persisted, despite the plaintiff’s multiple “stop” requests, and Blue Nile’s acknowledgments of those requests, it said. “Upon information and belief, Blue Nile sends marketing text messages to, minimally, all persons who visit any of its stores, regardless of whether such an individual has requested to no longer receive text messages,” said Moore’s class action. The jeweler “had the ability to immediately honor” Moore’s do not call requests, “as it used an automated system to send the text messages,” it said. Indeed, when the plaintiff contacted the jeweler to demand that the text messages stop, Blue Nile “apologized and acknowledged that his telephone number should have been removed from text message marketing,” it said. The complaint seeks injunctive relief prohibiting the jeweler from sending future calls or text messages soliciting the purchase of its goods or services to any residential number on the national do not call registry. It also seeks statutory damages of $500 for each TCPA violation, plus $1,500 for each knowing or willful violation.