A proposed class action suit filed in Florida's Southern District alleges IFixandRepair, LLC engaged in telemarketing practices that violate the Telephone Consumer Protection Act (TCPA). Specifically, the small electronics repair company is accused of using an automatic telephone dialing system (ATDS) to send texts advertising its services without recipients' consent.
The TCPA is a piece of legislation passed in 1991 that was designed to protect consumers against telemarketers. The law expressly prohibits telemarketers from calling a person without their prior consent, and forbids them from using ATDS systems to contact people without authorization. It also offers similar protections for text messages. IFixandRepair, according to the lawsuit, has violated this statute by using an ATDS to send unsolicited text messages.
The lawsuit looks to represent everyone in the United States who received an unsolicited text from the defendant within a four-year period leading up to the filing of the complaint. The suit also seeks an injunction against IFixandRepair to stop its allegedly automated messaging practices, and statutory damages up to $1,500 per text received.