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Wednesday, April 17, 2024

Florida man alleges Onyx sent unsolicited text messages

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ATLANTA (Legal Newsline) - A Florida man is suing the owners and operators of an Atlanta nightclub, alleging they sent unsolicited text message calls.

Michael Mayer of Key Largo, individually and for all others similarly situated, filed a class action lawsuit Feb. 16 in U.S. District Court for the Northern District of Georgia Atlanta Division against Dancing Bear Entertainment Systems, Pony Tail Inc., and Galardi South Enterprises Consulting, all doing business as Onyx, and John Does 1-100, alleging violations of the Telephone Consumer Protection Act. 

The defendants collectively own, operate, promote, and/or manage Onyx, an Atlanta nightclub, and the suit alleges Onyx sends promotional text messages to consumers without their prior express consent.  The complaint states Onyx used an automatic telephone dialing system to send these text messages to thousands of cell phone numbers throughout the United States.

Mayer and others in the class seek actual and statutory damages, injunctive and declaratory relief, and attorney fees and costs. They are represented by attorney Jennifer Auer Jordan of Shamp Speed Jordan Woodward in Atlanta, attorneys Steven L. Woodrow and Patrick H. Peluso of Woodrow & Peluso in Denver, and attorney Stefan Coleman of the Law Offices of Stefan Coleman in Miami.

U.S. District Court for the Northern District of Georgia Atlanta Division Case number 1:16-CV-00490-ODE

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