in Newswire Published on February 16, 2023

Margaritaville Sent Spam Texts to Numbers on Do Not Call Registry, Class Action Says

Paul v. Margaritaville Enterprises LLC

Filed: February 8, 2023 ◆§ 6:23-cv-00223

A class action claims Margaritaville Enterprises has unlawfully sent spam texts numbers on the National Do Not Call Registry, including to consumers who expressly asked the company to stop contacting them.

Defendant(s)

Margaritaville Enterprises LLC

Law(s)

Telephone Consumer Protection Act

State(s)

Florida

Categories

Privacy

A proposed class action claims Margaritaville Enterprises LLC has unlawfully sent spam texts numbers on the National Do Not Call Registry, including to consumers who expressly asked the company to stop contacting them.

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The 19-page lawsuit alleges the Jimmy Buffet-affiliated recreational and hospitality services group has run afoul of the federal Telephone Consumer Protection Act (TCPA), which prohibits companies from initiating telephone solicitations to consumers whose phone numbers are listed on the National Do Not Call Registry without consent.

“To make matters worse, Defendant Margaritaville continues to send text messages to consumers even after they have explicitly told them to stop sending text messages,” the suit says, claiming the company has also unlawfully failed to implement adequate procedures for maintaining a list of consumers who request not to be texted.

The plaintiff, a Georgia consumer who says she never gave her contact information to the defendant, claims to have received from Margaritaville in January of this year six unsolicited text messages promoting its business, even though the woman’s phone number has been listed on the National Do Not Call Registry since 2014.

Although one of the text messages instructed the plaintiff to “Reply STOP” if she wished to opt out of the campaign, Margaritaville continued to contact the woman after she sent four messages that said “stop,” and one warning, “I will report this.”

The filing contends that Margaritaville’s unsolicited and persistent text messages harmed the plaintiff in the form of “annoyance, nuisance, and invasion of privacy, and disturbed the use and enjoyment of her phone."

The lawsuit seeks to cover the following classes:

“All persons in the United States who from four years prior to the filing of this action through trial (1) Defendant, or an agent calling on behalf of the Defendant, called more than one time on their residential number, (2) within any 12-month period, (3) where the person’s telephone number had been listed on the National Do Not Call Registry for at least thirty days, (4) for substantially the same reason that Defendant called Plaintiff. “

“All persons in the United States who from four years prior to the filing of this action through trial (1) Defendant, or an agent calling on behalf of the Defendant, called more than one time on their residential number, (2) within any 12-month period, (3) for substantially the same reason that Defendant called Plaintiff, (4) including at least once after the person requested that Defendant or its agent to stop calling.”

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