CHICAGO (Legal Newsline) – A consumer claims he has received more than 140 text messages from a Burbank, Illinois company.
Albert Mayden III, individually and on behalf of all others similarly situated, filed a complaint on March 20 in the U.S. District Court for the Northern District of Illinois, Eastern Division against Fashion Footware Inc. doing business as The Spot for Fits & Kicks Inc. over alleged violation of the Telephone Consumer Protection Act.
According to the complaint, the plaintiff alleges that in June 2016, he began receiving unsolicited text messages from defendant related to sales and new apparel available, including an option to reply with the word "stop" in order to unsubscribe from defendant's text messages. The plaintiff alleges despite repeatedly replying the word "stop" to the defendant's messages, the defendant continued to send them.
The plaintiff holds Fashion Footware Inc. doing business as The Spot for Fits & Kicks Inc. responsible because the defendant allegedly violated the TCPA by sending automated text messages to various individuals without proper consent.
The plaintiff requests a trial by jury and seeks injunctive relief prohibiting such conduct in the future, statutory damages in an amount up to $1,500, court costs, and any other relief deemed just and proper. He is represented by David B. Levin of Law Offices of Todd M. Friedman PC in Chicago.
U.S. District Court for the Northern District of Illinois Eastern Division case number 1:18-cv-01995