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Monday, March 30, 2020

Woman claims violated TCPA to send text messages without her consent

Federal Court

By Marian Johns | Aug 7, 2019

MIAMI (Legal Newsline) – A Florida woman claims that clothing retailer violated federal law by using automatic telephone dialing systems (ATDS) to send her text messages without her consent. 

According to the July 22 filing in the U.S. District Court for the Southern District of Florida, plaintiff Amanda Defranks, individually and on behalf of others similarly situated, filed a class action suit against USA Inc. alleging violations of the Telephone Consumer Protection Act.

Defranks claims that she and thousands of other customers received text messages from the retailer to solicit goods and services. She alleges the messages were sent using an ATDS due to their "impersonal and generic nature," and all were sent without her consent. 

According to the suit, Defranks received telemarketing text messages on her cellphone on May 24 and May 27 from the retailer promoting a 60 percent off everything sale. The number the text messages were sent from used a short code in order to trick the receiver of the text into thinking it was sent from a person or individual, the suit states. 

The plaintiff seeks an injunction to stop from using the ATDS to send text messages or call a third party without her consent as well as actual and statutory damages. She is represented by Andrew J. Shamis and Garrett O. Berg of Shamis and Gentile in Miami and Scott Edelsberg and Jordan Utanski of Edlsberg Law in Aventura, Florida.

U.S. District Court for the Southern District of Florida case number 1:19-cv-23028

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