Automated Pet Care Products, LLC sells products like the litter robot, feeder robot, and cat furniture. But the complaint for this class action takes issue with how the company chooses to sell its goods. It claims that Automated sends consumers telemarketing text messages without their prior express consent, in violation of the Florida Telephone Solicitation Act (FTSA).
The class for this action is all persons in Florida who (1) were sent a telephone sales call about Automated Pet Care Products goods or services, (2) using the same equipment or type of equipment used to call the plaintiff in this case, (3) without the proper express consent as defined by Fla. Stat. § 501.059(1)(g), (4) on or after July 1, 2021.
The plaintiff in this case, Leutrim Topalli, is a resident of Florida. On or after July 1, 2021, the complaint alleges, he received telephone sales calls in the form of text messages to his telephone, while he was physically present in Florida.
Exhibit A to the complaint shows three screenshots of the text messages. They carry these promotional messages:
- “Litter-Robot: Never Scoop Cat Poop Again | Take $30 off when you purchase a Litter-Robot bundle! Bonus: Free Shipping*…”
- “Litter-Robot: Truly innovative pet care | Litter-Robot solves problems—for you and kitty! Start your 90-day trial…”
- “Litter-Robot: Sharing is Caring | Give your friends $50 toward their Litter-Robot, and you’ll get $25!* Share now…”
The purpose of the text messages, the complaint alleges, “was to solicit the sale of consumer goods and/or services.” According to the complaint, their sending “involved an automated system for the selection or dialing of telephone numbers or the playing of a recorded message when a connection is completed.”
The complaint quotes FTSA specifications for the “prior express written consent” agreement it requires before a business can place telemarketing calls. For example, it must carry “the signature of the called party” and “the telephone number to which the signatory authorizes a telephonic sales call to be delivered[.]” The complaint also quotes the law as saying that it must present “a clear and conspicuous disclosure informing the called party” that they are agreeing to receive telemarketing via an automated system” and must not require consumers to sign the agreement “as a condition of purchasing any property, goods, or services.”
The complaint alleges that Topalli had not given his prior express consent to receive such calls, but that Automated made the calls or knowingly allowed the calls to be made even without that consent.
Article Type: LawsuitTopic: Privacy
Most Recent Case Event
Automated Pet Care Telemarketing Texts Florida FTSA Complaint
September 16, 2022
Automated Pet Care Products, LLC sells products like the litter robot, feeder robot, and cat furniture. But the complaint for this class action takes issue with how the company chooses to sell its goods. It claims that Automated sends consumers telemarketing text messages without their prior express consent, in violation of the Florida Telephone Solicitation Act (FTSA).
Automated Pet Care Telemarketing Texts Florida FTSA ComplaintCase Event History
Automated Pet Care Telemarketing Texts Florida FTSA Complaint
September 16, 2022
Automated Pet Care Products, LLC sells products like the litter robot, feeder robot, and cat furniture. But the complaint for this class action takes issue with how the company chooses to sell its goods. It claims that Automated sends consumers telemarketing text messages without their prior express consent, in violation of the Florida Telephone Solicitation Act (FTSA).
Automated Pet Care Telemarketing Texts Florida FTSA Complaint