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Bao Foot Spa Unlawful Text Messages TCPA Class Action

The complaint for this class action quotes an earlier case as saying, “Voluminous consumer complaints about abuses of telephone technology—for example, computerized calls dispatched to private homes—prompted Congress to pass the TCPA.” The TCPA, more formally known as the Telephone Consumer Protection Act, was intended to help consumer avoid unwanted robocalls, but some companies still insist on bothering consumers for their own illegal telemarketing purposes. One such company, the complaint alleges, is Zarifian, Inc. and/or Bao Foot Spa.

The class for this action is all persons in the US who received an unsolicited text message from the defendants in this case which was not sent for emergency purposes or with the recipient’s prior express consent, between December 12, 2016 and December 12, 2020.

The complaint quotes a comment in an earlier case, made by Judge Easterbrook of the Seventh Circuit, on “the use of automated dialers and prerecorded messages to cell phones, whose subscribers often are billed by the minute as soon as the call is answered—and routing a call to voicemail counts as answering the call. An automated call to a landline phone can be an annoyance; an automated call to a cell phone adds expense to annoyance.”

Telemarketers are therefore forbidden from making non-emergency calls to consumer cell phones, using automatic dialing systems or artificial or prerecorded voices, unless they have the consumers’ prior express written consent to receive such calls. “Calls” include text messages and voicemails.

Eliza Sedaghatfar, the plaintiff in this class action, received an unwanted text message on her cell phone sometime around October 25, 2018.

The complaint says, “During this time, Defendant began to use [Sedaghatfar’s] cellular telephone for the purposes of sending [her] spam advertisments and/or promotional offers, via text messages,” including this message: “Thanks for visiting BAO Foot Spa—Beverly Hills. Based on this visit, how likely would you be to recommend us? Reply 0-10 (best). STOP to end msgs.”

According to the complaint, this message was sent out via the company’s SMS Blasting Platform, which the complaint claims is an automatic telephone dialing system.

Also, the complaint says that the message was not for emergency purpose and that Sedaghatfar had never been a customer of the company and had never given her telephone number for any reason. This means that Sedaghatfar had never given her prior express written consent to receive any such messages. Any calls or messages, the complaint claims, would have been illegal under the TCPA.

Article Type: Lawsuit
Topic: Privacy

Most Recent Case Event

Bao Foot Spa Unlawful Text Messages TCPA Complaint

December 11, 2020

The complaint for this class action quotes an earlier case as saying, “Voluminous consumer complaints about abuses of telephone technology—for example, computerized calls dispatched to private homes—prompted Congress to pass the TCPA.” The TCPA, more formally known as the Telephone Consumer Protection Act, was intended to help consumer avoid unwanted robocalls, but some companies still insist on bothering consumers for their own illegal telemarketing purposes. One such company, the complaint alleges, is Zarifian, Inc. and/or Bao Foot Spa.

Bao Foot Spa Unlawful Text Messages TCPA Complaint

Case Event History

Bao Foot Spa Unlawful Text Messages TCPA Complaint

December 11, 2020

The complaint for this class action quotes an earlier case as saying, “Voluminous consumer complaints about abuses of telephone technology—for example, computerized calls dispatched to private homes—prompted Congress to pass the TCPA.” The TCPA, more formally known as the Telephone Consumer Protection Act, was intended to help consumer avoid unwanted robocalls, but some companies still insist on bothering consumers for their own illegal telemarketing purposes. One such company, the complaint alleges, is Zarifian, Inc. and/or Bao Foot Spa.

Bao Foot Spa Unlawful Text Messages TCPA Complaint
Tags: TCPA, Unsolicited Text Messages, Use of Automatic-Capable Dialer