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Florida man alleges text messages from Nova Dental were sent without his consent

By Bree Gonzales | Jan 31, 2019

MIAMI (Legal Newsline) – A Florida man alleges the owner of two dental offices in the state sent him unsolicited telemarketing texts without his consent.

Brendan A. Sweeney filed a complaint on behalf of himself and all others similarly situated on Jan. 20 in the U.S. District Court for the Southern District of Florida against Nova Dental Inc. alleging violation of the Telephone Consumer Protection Act.

According to the complaint, the plaintiff alleges that on or about Jan. 10, he received an automated text message on his cellular telephone from the defendant. The plaintiff alleges he never provided the defendant with his express consent to be contacted by text messages through the use of an automatic telephone dialing system.

The plaintiff holds Nova Dental Inc. responsible because the defendant allegedly violated the TCPA by using an automatic telephone dialing system to make non-emergency telephone text messages to Sweeney's phone and the other members of the putative class without their prior express consent.

The plaintiff requests a trial by jury and seeks an injunction prohibiting Nova Dental from using an automatic telephone dialing system to call and text message telephone numbers without the prior express consent; actual and statutory damages and/or trebled statutory damages; and other relief the court deems fair and proper. He is represented by Manuel S. Hiraldo of Hiraldo P.A. and Michael Eisenband of Eisenband Law, both in Fort Lauderdale, Florida.

U.S. District Court for the Southern District of Florida case number 0:19-cv-60179-BB

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EISENBAND LAW, P.A. Hiraldo, PA U.S. District Court for the Southern District of Florida

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