in Newswire Published on September 19, 2022

Frey Brothers Sent Unlawful Automated Text Messages, Class Action Claims

Mitchell V. Frey Brothers, Inc.

Filed: September 14, 2022 ◆§ 1:22-cv-07878

Frey Brothers has sent automated text messages to consumers without prior written consent, a proposed class action alleges.

Defendant(s)

Fey Brothers, Inc.

Law(s)

Florida Telephone Solicitation Act

State(s)

Florida

Frey Brothers has sent automated text messages to consumers without prior written consent, a proposed class action alleges.

According to the 13-page case, the online retailer has failed to secure proper consent before sending “blasts of text messages automatically and without any human involvement” to sell its scented laundry products.

Per the complaint, Frey Brothers has run afoul of Florida Telephone Solicitation Act (FTSA), a state law which stipulates that written permission is required to solicit the sale of goods or services using an automated system for telephone calls, text messages, or voicemail transmissions.

The plaintiff, a Florida resident, claims that Frey Brothers has been “bombarding” their phone number with promotional text messages over the past several months:

The lawsuit contends that the plaintiff never authorized Frey Brothers to contact their cell phone number, and alleges similar spam texts have been sent to individuals residing in Florida and throughout the United States.

The filing argues that these automated text messages have caused harm to their receivers, “including statutory damages, inconvenience, invasion of privacy, aggravation, annoyance, and wasted time.”

The lawsuit looks to represent Florida residents who received text messages from Frey Brother’s automated system within the past four years and until the date the proposed class is certified.

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