CHICAGO (Legal Newsline) – A Cook County, Illinois individual has filed a class-action lawsuit against a men's grooming business over allegations it sent him unwanted text messages.
Scott Kaplan, individually and on behalf of all others similarly situated, filed a complaint on April 3 in the U.S. District Court for the Northern District of Illinois against The Gent's Place Men's Fine Grooming LLC over alleged violation of the Telephone Consumer Protection Act.
According to the complaint, the plaintiff alleges that on Feb. 8, he received an unsolicited text message from defendant to his wireless telephone promoting its Valentine’s Day grooming services.
On information and belief, the suit states the defendant sent these text messages to him and the class members using equipment that sent the text messages simultaneously and without human intervention. Plaintiff claims he and the class members never consented to in writing, requested, or otherwise desired or permitted defendant to send or transmit text messages to their wireless phones.
As a result, the unauthorized text messages caused plaintiff and each of the class members "actual harm, including invasion of privacy, the aggravation and nuisance that necessarily accompanies the receipt of unsolicited text messages, and the monies paid to their wireless carriers for the receipt of such messages," the suit states.
The plaintiff holds The Gent's Place Men's Fine Grooming LLC responsible because the defendant allegedly sent the text messages, or had them sent on its behalf, using equipment that had the capacity to store or produce telephone numbers to be called using a random or sequential number generator, and to dial such numbers to individuals without prior express consent.
The plaintiff requests a trial by jury and seeks award for actual or statutory damages, requiring defendant to cease all text message activities, award of attorneys' fees, costs, and such other and further relief that the court deems reasonable and just. He is represented by Joseph J. Siprut and Ke Liu of Siprut PC in Chicago.
U.S. District Court for the Northern District of Illinois case number 1:18-cv-02384