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Consumer who requested sample kit alleges Brickell Brands did not tell him it would send spam texts

By Jenie Mallari-Torres | Feb 11, 2019

LOS ANGELES (Legal Newsline) – A direct-to-market men's health care product seller is alleged to have contacted a consumer via text message without having his consent to do so.

Thomas Wheeler filed a complaint individually and on behalf of all others similarly situated on Jan. 29 in the U.S. District Court for the Central District of California against Brickell Brands LLC alleging violation of the Telephone Consumer Protection Act.

According to the complaint, the plaintiff visited the defendant's website in November to request a free sample kit of products. He alleges at no time did the defendant inform him that it would use his cellphone number to send spam text messages and that he was never presented any agreement informing him or agreeing to let the defendant contact him via text message.

The plaintiff alleges beginning Jan. 3, the defendant sent him spam advertisements and promotional offers via text messages.

The plaintiff holds Brickell Brands LLC responsible because the defendant allegedly failed to inform individuals who visited their website that it will use their number for spam text messages, unlawfully utilized an automatic dialer and automated voice, and contacted plaintiff without prior express consent.

The plaintiff requests a trial by jury and seeks judgment against defendant for statutory damages of $500 for every negligent violation and $1,500 for every willful violation, injunctive relief, and other relief the court may deem just. He is represented by Steven S. Soliman of The Soliman Firm in Costa Mesa, California.

U.S. District Court for the Central District of California case number 2:19-cv-678

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