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Sun Tan City alleged to have sent advertising texts without permission

Lawsuits

By Jenie Mallari-Torres | Sep 28, 2018

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MIAMI (Legal Newsline) – A Palm Beach City, Florida resident alleges an operator of a tanning salon chain sent her text messages advertising its services without her permission.

Sarah Goodman filed a complaint individually and on behalf of all others similarly situated on Sept. 20 in the U.S. District Court for the Southern District of Florida against Sun Tan City LLC alleging violation of the Telephone Consumer Protection Act.

According to the complaint, the plaintiff alleges that beginning in January, the defendant sent her telemarketing text messages to her cellphone advertising sales. She alleges she did not provide her consent to be contacted by the defendant.

The plaintiff holds Sun Tan City LLC responsible because the defendant allegedly made non-emergency calls to plaintiff’s and class members’ cellular telephones using an automatic telephone dialing system and failed to obtain prior express written consent.

The plaintiff requests a trial by jury and seeks judgment against defendant for actual and statutory damages, to certify the class action, interest, declaratory and injunctive relief, and other relief as the court deems necessary. She is represented by Andrew J. Shamis of Shamis & Gentile PA in Miami and Scott Edelsberg of Edelsberg Law PA in Aventura, Florida.

U.S. District Court for the Southern District of Florida case number 9:18-cv-81281

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