MIAMI (Legal Newsline) – A Florida woman is suing a weight loss company over an email it sent to her that she alleges was misleading and wasted 60 seconds of her time.
Felicia Wriley filed a class action complaint on Sept. 20 in the U.S. District Court for the Southern District of Florida against Quick Weight Loss Centers LLC alleging violation of Florida's Electronic Mail Communications Act.
The suit states the defendant operates more than 40 weight loss centers in Florida and Texas and also sells programs, foods and supplements.
The plaintiff alleges she has never purchased the defendant's products or been at any of its locations. She alleges the defendant sent her an email on Sept. 17 promising the plaintiff a free program.
She alleges the defendant's statement that the program was free is false and misleading because the defendant's program actually required the plaintiff to purchase the defendant's products for $399 before being eligible for the program.
The plaintiff alleges that she was inconvenienced by the defendant's correspondence as she was led to believe that she was eligible for something free when she was in fact not. She also alleges the defendant's correspondence took up both her time and space in her inbox.
"Plaintiff estimates that she has wasted approximately 60 seconds reviewing defendant’s misleading email," the suit states.
The plaintiff is seeking a trial by jury, $500 for each unsolicited commercial electronic mail message sent to the plaintiff, attorneys' fees, court costs, interest and just relief. The plaintiff is represented by Andrew J. Shamis of Shamis & Gentile P.A. in Miami; and Manuel S. Hiraldo of Hiraldo PA in Fort Lauderdale, Florida; and Scott Edelsberg of Edelsberg Law PA in Aventura, Florida.
U.S. District Court for the Southern District of Florida case number 0:19-CV-62348