Spa Facing $5M TCPA Text Suit
TPCA Text Suit
Medspa Del Mar LLC in Naples, Florida is facing a $5M TCPA class action suit for sending advertising text messages using an automatic telephone dialing system (ATDS) in violation of the Telephone Consumer Protection Act (TCPA).
Plaintiff Carol N. Mazzariol claims consumer privacy was compromised when she and others received several generic messages from the spa, without expressed written consent, starting on December 5, 2018. The texts advertised the spa’s products and services, which is considered illegal telemarketing. Further, the plaintiff made the point that the TCPA prohibits calling a cellphone number using an ATDS without the recipient’s expressed consent prior to the call.
Further, the suit states that “The FCC also recognized that wireless customers are charged for incoming calls whether they pay in advance or after the minutes are used.” It seeks up to $1,500 in damages for each alleged violation.