FORT LAUDERDALE (Legal Newsline) - A Florida man is suing a children's retail business over claims of spamming his phone.
Levi Pruss, on behalf of himself and others similarly situated, filed a class action lawsuit on Aug. 25 in the U.S. District Court for the Southern District of Florida against Buy Buy Baby Inc., citing violations of the Telephone Consumer Protection Act (TCPA).
Pruss alleges that on or about Feb. 19 he started receiving text messages from Buy Buy Baby offering discounts to its online retail page. He alleges that he continued to receive text spam from the defendant all the way through July 29, almost five months later, containing the same type of messages: offering a discount and then counting down the days until the discount is over. Pruss claims to have never authorized defendant to contact him nor has he given an express written consent or any other form of consent allowing defendant to place phone calls, or text his number.
Pruss is demanding a trial by jury and is suing for $500 for himself and each class member in statutory damages for each and every call/message that violated the TCPA, treble damages of $1,500 for each and every call/message that violated the TCPA, an injunction against the defendant prohibiting any acts that violates the TCPA, attorney and court costs, and any other rewards deem proper by the court. He is represented by David P. Milian and Frank S. Hedin of the law office of Carey, Rodriguez, Milian, Gonya LLP in Miami, Fla.
U.S. District Court for the Southern District of Florida case number 0:15-cv-61779-BB