MIAMI (Legal Newsline) – A Miami-Dade County, Florida resident alleges a Miami business sent her a telemarketing text without her permission.
Laura Montanari filed a complaint individually and on behalf of all others similarly situated on Nov. 16 in the U.S. District Court for the Southern District of Florida against Facial Rejuvenation of South Florida LLC, doing business as MD Ageless Solutions, alleging violation of the Telephone Consumer Protection Act.
According to the complaint, the plaintiff received a telemarketing text message from the defendant on June 13 that stated it was looking for volunteers for procedures and advertised a discount on other services. She alleges she never provided consent to the defendant to receive the messages.
The plaintiff holds Facial Rejuvenation of South Florida LLC responsible because the defendant allegedly engaged in an unlawful practice of using an automatic telephone dialing system and communicated with plaintiff without prior express consent to send the text messages.
The plaintiff requests a trial by jury and seeks judgment against defendant, to certify the class action, award actual and statutory damages, declaratory and injunctive relief and other relief as the court deems just. 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 1:18-cv-24813