The lawsuit detailed on this page was voluntarily dismissed by the plaintiff in October 2020 about a month after being remanded back to Florida state court.
According to court documents, while the plaintiff’s claims were dismissed with prejudice, the proposed class members’ claims were dismissed without prejudice, meaning the case could potentially be refiled by someone else.
A proposed class action lawsuit alleges On the Barrelhead, Inc. sent “thousands” of spam emails in an attempt to advertise loan matching services.
According to the case, the company violated Florida’s Electronic Mail Communications Act by sending emails that contained “false or misleading information in the subject line.” The plaintiff says she received an email from the defendant on September 30, 2019 titled “New loan offer alert.” The suit argues, however, that the subject line was misleading because the email did not, in fact, contain a loan offer and instead directed the plaintiff to On the Barrelhead’s website, where the company markets its loan matching services.
The plaintiff claims she never provided the defendant her “affirmative or implied consent” to receive the email, which she says wasted her time and took up storage space in her inbox.
“The cumulative effect of unsolicited spam e-mails like Defendant’s poses a real risk of ultimately rendering a consumer’s e-mail inbox unusable and/or requiring the consumer to pay for additional space,” the complaint reads.
The case, which was recently removed to Florida’s Southern District, seeks to cover any Florida resident who received from the defendant the same unsolicited commercial email as the plaintiff within the past four years.