Man alleges Rack Room Shoes sent text messages without consent

By Noddy A. Fernandez | Apr 12, 2018

MIAMI (Legal Newsline) – A consumer alleges a footwear retailer sent him text messages without his consent.

MIAMI (Legal Newsline) – A consumer alleges a footwear retailer sent him text messages without his consent.

Maxwell Goldschmidt, individually and on behalf of all others similarly situated, filed a complaint on April 2 in the U.S. District Court for the Southern District of Florida against Rack Room Shoes Inc. over alleged violation of the Telephone Consumer Protection Act.

According to the complaint, the plaintiff alleges that in various months of 2017, the defendant sent him various text messages in order to promote its business and goods. 

The suit states that at no point in time did the plaintiff provide the defendant with his express written consent to be contacted by text messages using an automatic telephone dialing system.

The plaintiff holds Rack Room Shoes Inc. responsible because the defendant allegedly sent the messages without regard to whether it had first obtained express permission from the called party to do so.

The plaintiff requests a trial by jury and seeks injunction prohibiting the defendant from using an automatic telephone dialing system to call and text message telephone numbers; award of actual, statutory damages, and/or trebled statutory damages; and such further and other relief the court deems reasonable and just. He is represented by Manuel S. Hiraldo of Hiraldo PA in Fort Lauderdale, Florida.

U.S. District Court for the Southern District of Florida Case number 1:18-cv-21220-KMW

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Hiraldo, PA U.S. District Court for the Southern District of Florida

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