A proposed class action lawsuit claims that 1-800-Flowers.com, Inc. has sent unlawful telemarketing text messages to consumers’ cell phones without first securing their consent to be contacted.
The 12-page case alleges that 1-800-Flowers has violated both the federal Telephone Consumer Protection Act (TCPA) and Florida Telephone Solicitation Act (FTSA), both of which require companies to obtain consumers’ express written consent before using automated technology to send telemarketing messages.
The plaintiff in the suit is a Broward County, Florida resident who says she received several text messages from 1-800-Flowers in November 2021 despite having never provided consent to be contacted by the company. Per the case, the texts contained language such as “Kick off the holidays & Save 30% for Cyber Monday,” and encouraged the plaintiff to purchase the company’s floral and food products.
The lawsuit alleges that 1-800-Flowers used a computer system to automatically select and send texts to the plaintiff’s and other consumers’ phone numbers, and was thus required to secure the individuals’ consent before sending the automated messages.
Moreover, the plaintiff claims that the text messages she received failed to disclose the name of the individual caller or provide a phone number or address at which they could be contacted, which the suit says are two requirements of the FTSA.
According to the case, the defendant’s messages caused the plaintiff and other consumers harm, including “statutory damages, inconvenience, invasion of privacy, aggravation, [and] annoyance.”
The lawsuit looks to represent anyone in Florida who was sent a telephonic sales call (which includes text messages) regarding 1-800-Flowers’ goods or services using the same equipment used to allegedly call the plaintiff.
Also proposed in the lawsuit is a class that includes anyone in the U.S. who, within the past four years, was sent a text message from the defendant or anyone on its behalf that did not disclose the name of the individual caller, the name of the person or entity on whose behalf the call was being made, or a telephone number or address at which the person or entity may be contacted.
The case was initially filed in Broward County Circuit Court in early April before being removed to Florida’s Southern District Court on May 16, 2022.
Get class action lawsuit news sent to your inbox – sign up for ClassAction.org’s newsletter here.
Camp Lejeune residents may soon have the opportunity to claim compensation for harm suffered from contaminated water.