January 29, 2019

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.

Learn how to protect your organization from costly TCPA violation fines.

Navigating the state and federal regulatory maze while mitigating risk is becoming more daunting every day for compliance leaders. Especially when dealing with agents in branch offices, reps using personal phones, or independents and BPOs marketing on your behalf. For almost 20 years, Gryphon has protected the largest and most valued brands in banking, insurance, manufacturing and home services from headline risk, brand damage, and costly fines associated with outbound marketing violations.

Avoid TCPA and DNC fines. Protect your business from TCPA and DNC Risk. The Cost of non-compliance extends far beyond the risk of fines. Since 1998, Gryphon’s highly patented suite of compliance services provides bulletproof compliance and protection from headline risk, brand damage, and costly penalties.

Our services apply all legal exemptions to those laws to help your business grow, and our experts provide customized consulting and support with expanding regulations. Bullet-proof compliance is only half the equation used to solve TCPA and DNC compliance issues.  Gryphon’s intelligent cloud engine automatically applies legal exemptions (opt-ins) to make sure you are not over-suppressing legal contacts who want to hear from you. Gryphon’s Secure Cloud engine unlocks your largest marketable universe to maximize your outreach and protect every opportunity.

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