People who received promotional text messages from Augusta Precious Metals while on the National Do Not Call Registry, or after replying STOP, and Washington residents who got its commercial texts without advance consent, may be covered by a proposed class action alleging the company violated federal and Washington law. No class has been certified and there is nothing to file yet.
Allegations Only · No Settlement Yet
This article describes a class action complaint. The statements below are unproven allegations. Augusta Precious Metals has not been found liable, there is no certified class, and nothing to claim at this time. This page is informational and is not legal advice.
What Is This About?
A proposed class action filed November 4, 2026 alleges that Augusta Precious Metals, a Wyoming company that sells precious metals investment products and services nationwide, sent marketing texts to numbers on the National Do Not Call Registry and resumed texting people after they opted out. The case, Schwartzenberger v. Augusta Precious Metals, No. 2:26-cv-00486, is in the U.S. District Court for the Eastern District of Washington.The plaintiff, a Spokane County, Washington resident, says the cell number at issue has been on the Do Not Call Registry since May 2013. According to the complaint, Augusta began texting it from a short code in about June 2026; the plaintiff replied “stop” on or about June 9, 2026, and Augusta confirmed the opt-out the same day. The complaint says Augusta resumed texting on or about July 24, 2026, about 45 days later, which prompted a second opt-out that day. Augusta Precious Metals has not yet responded in court.
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What Does the Complaint Allege?
The complaint says the texts were telephone solicitations promoting Augusta’s precious metals investment products, that the plaintiff had no business relationship with Augusta and gave no written consent after opting out. It argues that texting resumed after a confirmed opt-out shows Augusta had no working internal do-not-call list, no written do-not-call policy and no training for its telemarketing staff. It also says the plaintiff’s lawyers asked Augusta for a copy of its do-not-call policy and received no response.The plaintiff describes the harm as invasion of privacy, annoyance and lost time. These are allegations; the court has not decided whether any of them are true.
The Federal and Washington Laws Involved
Under the Telephone Consumer Protection Act and the FCC’s rules, businesses may not send telephone solicitations, including marketing texts, to residential numbers that have been on the National Do Not Call Registry for at least 30 days, and businesses that telemarket must keep an internal do-not-call list and honor stop requests within a reasonable time, no more than 10 business days. A person who receives more than one call or text in violation of those rules within 12 months can seek up to $500 per violation, or up to $1,500 if a court finds the violation willful or knowing.Washington’s Commercial Electronic Mail Act separately bars businesses from sending commercial texts to Washington residents’ cell numbers without the recipient’s clear and affirmative consent in advance. It sets damages at $100 per message or actual damages, whichever is greater, and treats a violation as an unfair practice under the state Consumer Protection Act, which allows injunctions and attorneys’ fees.
Who Could Be Covered?
The complaint proposes three classes for the four years before the November 4, 2026 filing:- Do Not Call Registry class (nationwide): people who were sent more than one Augusta promotional text within a 12-month period while their number had been on the National Do Not Call Registry for at least 30 days.
- Internal do-not-call class (nationwide): people who received at least two Augusta promotional texts within a 12-month period on a personal number while, the plaintiff alleges, Augusta lacked the do-not-call procedures the FCC rules require.
- Washington CEMA class: people whose cell number is assigned to a Washington resident and who received one or more commercial texts from Augusta without clear and affirmative advance consent.
Augusta and its employees are excluded, as are people who asked to stop and later opted back in. A court has not certified any class.
What Is the Plaintiff Asking For?
The lawsuit seeks class certification, actual damages, TCPA statutory damages of up to $1,500 per violation, $100 per text under the Washington law or actual damages if greater, an injunction against sales texts sent without express written consent, attorneys’ fees under the Consumer Protection Act and a jury trial. The case was filed by Shamis & Gentile, P.A.What Happens Next?
Augusta Precious Metals will have a chance to respond to the complaint, which could include a motion to dismiss or to compel arbitration. The plaintiff would later have to ask the court to certify the classes. If the case settles or the plaintiff wins after certification, class members would be notified, and OpenClassActions.com will cover it.Questions
Who would be covered by the Augusta Precious Metals class action?
The complaint proposes three classes covering the four years before November 4, 2026: a nationwide class of people on the National Do Not Call Registry who got more than one Augusta promotional text in 12 months, a nationwide class of people who got at least two promotional texts in 12 months while Augusta allegedly lacked required do-not-call procedures, and a class of Washington residents who got commercial texts from Augusta without clear advance consent. No class has been certified.
What is Washington's Commercial Electronic Mail Act?
The Commercial Electronic Mail Act, RCW 19.190.060, bars businesses from sending commercial text messages to Washington residents' cell numbers unless the recipient clearly and affirmatively consented in advance, with a narrow exception for a phone carrier messaging its own subscribers. The law sets damages at $100 per message or actual damages, whichever is greater, and makes a violation an unfair practice under Washington's Consumer Protection Act.
Is there an Augusta Precious Metals settlement or claim form?
No. The lawsuit was filed on November 4, 2026. There is no settlement, certified class or claim form, and Augusta Precious Metals has not yet responded in court.
Is this lawsuit about Augusta's gold or silver products?
No. The complaint is only about text message marketing. It does not challenge the quality, pricing or value of Augusta's precious metals or retirement account products.
Sources
• Docket, Schwartzenberger v. Augusta Precious Metals, No. 2:26-cv-00486 (E.D. Wash., filed November 4, 2026), via CourtListener• RCW 19.190.060, Washington Commercial Electronic Mail Act (Washington State Legislature)
• 47 C.F.R. § 64.1200, FCC telemarketing and do-not-call rules (eCFR)
