MIAMI (Legal Newsline) – A Miami-Dade County, Florida resident alleges a gym operator in the state unlawfully sent him marketing-related text messages.
Brandon Rakovsky filed a complaint individually and on behalf of a class of others similarly situated on Jan. 18 in the U.S. District Court for the Southern District of Florida against Fitness Time LLC alleging Telephone Consumer Protection Act.
According to the complaint, the plaintiff received marketing text messages from the defendant advertising its services. The plaintiff alleges the messages were unsolicited and invaded his privacy and caused annoyance.
The plaintiff holds Fitness Time LLC responsible because the defendant allegedly unlawfully utilized an automatic telephone dialing system to send unsolicited telemarketing messages without his consent.
The plaintiff requests a trial by jury and seeks judgment against defendant for statutory damages of $500 per violation and up to $1,500 per willful violation, permanent injunction and other relief the court finds just. He is represented by Jibrael S. Hindi of Jibrael S. Hindi PLLC in Fort Lauderdale, Florida.
U.S. District Court for the Southern District of Florida case number 1:19-cv-20282