Fla. Plaintiff Sues to Stop Miami Salon From Sending Her Text-Message Solicitations
A Miami spa promotes its goods and services by engaging in unsolicited text-messaging to consumers who have listed their phone numbers on the national do not call registry, alleged a Telephone Consumer Protection Act class action Thursday (docket 1:24-cv-22300) in…
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U.S. District Court for Southern Florida. Alexandra Lyons seeks injunctive relief to halt the Waxmee Salon & Spa’s unlawful conduct, “which has resulted in intrusion into the peace and quiet in a realm that is private and personal” to Lyons and the class members, said the complaint. The Florida resident also seeks statutory damages on behalf of herself and members of the class, plus any other available legal or equitable remedies, it said. The salon sent multiple text-message solicitations to the plaintiff’s cellphone in late May and early June to advertise its June promotions, though Lyons personally listed her number on the national DNC registry 20 years ago, said the complaint. Upon information and belief, the salon maintains or has access to outbound transmission reports for all text messages sent advertising or promoting its services and goods, it said. These reports show the dates, times, target phone numbers and content of each message sent to Lyons and the class members, it said. The plaintiff had not transacted any business with the defendant within the 18 months prior to receiving the unwanted text messages, it said. Lyons also hasn’t made any inquiries about the salon’s products or services within the three months before receiving the text messages, it said. The plaintiff never signed any type of authorization permitting or allowing the salon to send her text-message solicitations, it said.