Class Action vs. P&G Seeks Treble Damages for ‘Willful’ TCPA Violations
Procter & Gamble engaged in unsolicited text messaging to promote its Oral-B brand to consumers like Broward County, Florida, resident Christa Simmons, who didn’t give P&G her prior express written consent, Simmons alleged in a Telephone Consumer Protection Act and…
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Florida Telephone Solicitation Act class action Thursday (docket 0:22-cv-61956) in U.S. District Court for South Florida in Miami. When P&G sent its text message Simmons, the company failed to identify the name of the individual caller, the name of the legal entity on whose behalf the call was being made and a phone number or physical address where P&G could be contacted, said the complaint. The company also failed to give Simmons instructions on how to opt out of future text messages, it said. Text messages using a short code, as P&G used when it sent out its texts, can be sent only using a computer, and cannot be sent using a standard telephone, it said. The complaint seeks injunctive relief barring P&G’s future unlawful behavior, plus treble damages to the extent that P&G’s misconduct “is determined to be willful and knowing.” P&G didn’t comment Friday.