A proposed class action claims Nailboo has unlawfully sent automated telemarketing texts to consumers who never provided prior consent to be contacted.
According to the lawsuit, defendant Underlining Beauty, LLC, who does business as do-it-yourself nail products company Nailboo, has violated the Florida Telephone Solicitation Act, which contains an amendment that prohibits the placement of certain telemarketing calls and texts without the prior express written consent of the recipient.
Florida residents who received Nailboo’s telemarketing texts are owed $500 for each text determined to be unlawful, alleges the case, which was recently removed from St. Lucie County Circuit Court to Florida’s Southern District Court.
The plaintiff, a Saint Lucie County resident, claims to have received a handful of texts from Nailboo beginning in July 2021. The suit alleges Nailboo used computer software capable of automatically selecting and dialing telephone numbers in order to send the texts, which allegedly contained various advertisements for the company’s nail products.
The plaintiff says she never provided express written consent authorizing the defendant to contact her cell phone using an automated system. According to the suit, the plaintiff and proposed class members, i.e., the consumers who the lawsuit is looking to cover, suffered harm in the form of “statutory damages, inconvenience, invasion of privacy, aggravation, [and] annoyance.”
The plaintiff seeks to represent anyone in Florida who received a text message regarding Nailboo’s goods and services that was sent using the same equipment or type of equipment used to send texts to the plaintiff.
Get class action lawsuit news sent to your inbox – sign up for ClassAction.org’s newsletter here.