A proposed class action alleges Keiser University has unlawfully sent telemarketing text messages to consumers without first securing prior express consent to do so and even after they attempted to opt out.
According to the case, defendant Everglades College, Inc., who does business as Keiser, has violated the federal Telephone Consumer Protection Act (TCPA) and the Florida Telephone Solicitation Act, both of which prohibit companies from placing certain types of automated telemarketing calls and text messages without a consumer’s consent to do so.
The lawsuit contends that Keiser University’s text messages have caused consumers harm that includes “violations of their statutory rights, statutory damages, annoyance, nuisance, and invasion of their privacy.”
The plaintiff, a Miami-Dade County resident, claims to have received several texts from Keiser beginning in August 2021 in which the school attempted to promote its educational courses. Per the suit, the texts did not include instructions on how to opt out of receiving future messages, but the plaintiff supposedly responded in September 2021 with “Please remove me from your contact list.”
Despite the plaintiff’s attempt to opt out of the texts, Keiser sent another promotional text message to her cell phone in October 2021, according to the complaint.
The suit posits that Keiser does not have in place a written policy for maintaining an internal do-not-call list, or train its staff on the use of such a list, as required by the TCPA.
The plaintiff says she never provided the school with her express written consent to be contacted and revoked any such consent that may have existed when she asked to be removed from the defendant’s calling list.
Initially filed in Miami-Dade County Circuit Court on October 29, 2021, the lawsuit was removed to Florida’s Southern District Court on December 6.
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