A proposed class action out of Florida claims RetailMeNot, Inc. has sent unsolicited text messages to consumers whose numbers were listed on the national Do Not Call Registry and who never provided express written consent to be contacted.
The suit alleges the defendant has engaged in an unlawful text message advertising campaign in order to promote its websites, which offer coupons and deals for various products.
The plaintiff says she received on July 16, 2020 several unsolicited text messages containing promotional offers from RetailMeNot despite having never provided the company with express consent to be contacted, much less her cell phone number.
“Plaintiff has never had any type of relationship, business or otherwise, with Defendant,” the lawsuit says, adding that the woman’s phone number has been consistently listed on the Do Not Call Registry since February 2018.
The suit claims the “impersonal and generic nature” of the text messages indicates they were sent using automatic telephone dialing technology that allowed the RetailMeNot to transmit thousands of similar messages “without any human involvement.” According to the case, the sending of automated text messages to a consumer’s cell phones is prohibited under the Telephone Consumer Protection Act unless the sender obtains the recipient’s prior express consent to be contacted.
Originally filed in Broward County, Florida Circuit Court, the lawsuit has since been removed to the state’s Southern District Court.
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