Laser Hair Removal Firm Violates TCPA With Its Texting 'Spam': Class Action
A seller of laser hair removal services engages in unsolicited text message marketing, including to individuals who have listed their phone numbers on the national do not call registry, and to those who haven’t provided Semper Laser with their prior…
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express written consent, alleged a Telephone Consumer Protection Act class action Tuesday (docket 0:24-cv-60440) in U.S. District Court for Southern Florida in Fort Lauderdale. Semper’s “unsolicited text message spam” caused plaintiff Robert Livingstone and the class members harm, including violations of their statutory rights, trespass, annoyance, nuisance, invasion of their privacy and intrusion upon seclusion, said the complaint. Beginning in November and through to the present day, Semper caused 19 automated text messages to be transmitted to Livingstone’s cellphone number to solicit the sale of consumer goods and services, it said. To send the text messages, Semper used a messaging platform that permitted it to transmit “blasts of text messages automatically and without any human involvement,” it said. The platform had the capacity to use a random or sequential number generator “to either store or produce phone numbers to be called,” it said. Semper would be able to send automated text messages to consumers, and in compliance with the TCPA, by securing the proper consent from consumers before sending those messages, it said. The burden and cost to Semper of securing consent from consumers that comply with the TCPA is “nominal,” and wouldn’t result in Semper having to cease its business operations, it said.