Perpay Sent Alleged Spam Texts Sent To Do-Not-Call Numbers, Class Action Claims

Case Overview: Perpay is accused of sending multiple unsolicited promotional texts to consumers on the National Do-Not-Call Registry.

Consumers Affected: Individuals who received repeated Perpay marketing texts while listed on the Do-Not-Call Registry.

Court: U.S. District Court for the Southern District of California

Perpay, a buy-now-pay-later platform best known for letting customers split purchases through paycheck deductions, repeatedly blasted out marketing texts to people who were registered on the National Do-Not-Call Registry, a new lawsuit claims.

The complaint alleges Perpay knowingly and willfully violated federal telemarketing rules by sending promotional messages without permission, in direct violation of the Telephone Consumer Protection Act, a law designed to curb unwanted and intrusive marketing outreach.

Plaintiff Says Texts Kept Coming Despite Registry Listing

The case was filed by California resident Lacheryle Courtney, who says she placed her cellphone number on the Do-Not-Call Registry in early 2024.

Despite that registration, she claims Perpay continued sending her multiple marketing texts over the following year, including messages encouraging her to shop the company’s marketplace or use a spending limit for holiday purchases.

According to the complaint, Courtney never gave Perpay her number, never maintained a business relationship with the company, and never agreed to receive promotional messages.

The texts, she says, drained her phone battery, interrupted her day, and left her feeling frustrated and harassed. The lawsuit also argues the messages were mass-distributed, allegedly identical to those sent to thousands of other people whose numbers had been on the registry for more than a month.

Perpay’s Text Campaigns Allegedly Ignored TCPA Requirements

Congress created the TCPA in 1991 to combat aggressive telemarketing, and it restricts both phone calls and text messages sent for promotional purposes without consent.

Courtney’s lawsuit argues Perpay sidestepped those rules by failing to implement basic compliance procedures and continuing to send templated, automated messages that steered consumers toward its website.

The complaint says these unsolicited texts invaded Courtney’s privacy, consumed device resources, and wasted her time, all harms the TCPA was designed to prevent. The lawsuit frames Perpay’s outreach as part of an “overzealous” marketing strategy that ignored the limits placed on telemarketers and the rights of consumers who deliberately registered their numbers to avoid this type of contact.

Unwanted Messaging Lawsuits Mount Against Major Brands

Perpay joins a growing list of brands hit with legal fallout over unwanted digital marketing. Cash App recently agreed to a multimillion-dollar settlement for allegedly pushing referral-program texts to users’ contacts without permission. 

Crumbl Cookies faced complaints over promotional messages sent to customers who had opted out. Snapchat has dealt with claims it used unsolicited texts to drive downloads, while Experian is battling a class action accusing the company of selling consumer phone numbers to third-party lenders, resulting in waves of telemarketing calls.

Courtney seeks to represent anyone who was on the Do-Not-Call Registry for at least 31 days and received more than one Perpay solicitation within a year.

She is asking the court to order Perpay to stop sending unsolicited texts altogether and to award statutory damages, potentially tripled if the violations are found to be willful, along with attorneys’ fees and costs.

Case Details

• Lawsuit: Courtney v. Perpay, Inc.
• Case Number: 3:25-cv-03070-H-JLB
• Court: U.S. District Court for the Southern District of California

Plaintiffs' Attorney:

• Mona Amini, Abbas Kazerounian, David J. McGlothlin, and Gustavo Ponce (Kazerouni Law Group, APC)

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