FTSA Class Action Alleges Redbox Phoned Consumers Without Prior Consent
Redbox removed to U.S. District Court for Middle Florida in Tampa a May 10 class action filed in 13th Judicial Circuit Court in Hillsborough County in which plaintiff Ruby Gamez alleges Redbox engaged in Florida Telephone Solicitation Act wrongdoing, said…
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its notice of removal Wednesday (docket 8:23-cv-01497). Redbox doesn’t accept Gamez’s allegations, denies it violated any laws, and “expressly reserves all defenses and rights” with respect to her claims, said the notice. Redbox phones consumers to promote its goods and services “without having secured prior express written consent as required by the FTSA,” said the complaint. Gamez and members of her potential class were “aggrieved” by Redbox’s unlawful conduct, “which adversely affected and infringed upon their legal rights not to be subjected to the illegal acts at issue,” it said. As demonstrated by the “impersonal and generic nature of the message,” the Redbox sales calls made to hundreds of Florida consumers “involved an automated system for the selection or dialing of telephone numbers or the playing of a recorded message when a connection is completed,” it said. The complaint seeks statutory damages and an injunction requiring Redbox to cease all telephone solicitations made without express written consent.