Dermstore, LLC appears to sell skin care products. But the complaint for this class action alleges that it attempts to find customers by telemarketing to consumers, without first getting their consent to receive them, in violation of the Florida Telephone Solicitation Act (FTSA).
The class for this action is all persons in Florida (1) who were sent a telephone sales call about Dermstore’s goods or services, (2) using the same type of equipment Dermstore used to call the plaintiff in this case.
The complaint alleges that the plaintiff in this case, Natalie Zagury, received telemarketing text messages from Dermstore at her home telephone number. According to the complaint, she received these calls on November 5, 2022, December 20, 2022, and other days.
Page 3 of the complaint shows a screenshot of one of the messages. It reads, “Dermstore: Final Day for 20% Off SkinMedica with code: SKINM20. Plus, FREE $24 Gift. ENDS TONIGHT. Shop now” followed by a link. The complaint alleges that this clearly indicates that the purpose of Dermstore’s call was to solicit sales of its goods or services.
“To send the text messages,” the complaint alleges, Dermstore “used a messaging platform … which permitted [Dermstore] to transmit blasts of text messages automatically and without any human involvement. The Platform automatically made a series of calls to … stored telephone numbers with no human involvement after the series of calls were initiated utilizing the Platform.”
The complaint claims that Zagury never gave Dermstore her prior express written consent agreeing to receive on her home telephone telemarketing messages that were sent by an automated telephone dialing system.
According to the complaint, Dermstore “was not required to and did not need to utilize the Platform to send messages… Instead, [Dermstore] opted to use the Platform to maximize the reach of its text message advertisements at a nominal cost to [Dermstore].”
The complaint quotes the law, saying is a violation of the FTSA to “make or knowingly allow a telephonic sales call to be made if such call involves an automated system for the selection or dialing of telephone numbers or the playing of a recorded message when a connection is completed to a number called without the prior express written consent of the called party.”
A definition of “telephonic sales call” is provided by the complaint, as well as one of “prior express written consent” and what it consists of under the law. Violation of the FTSA is the sole count in the complaint.
Article Type: LawsuitTopic: Privacy
Most Recent Case Event
Dermstore Telemarketing Text Messages Florida FTSA Complaint
February 13, 2023
Dermstore, LLC appears to sell skin care products. But the complaint for this class action alleges that it attempts to find customers by telemarketing to consumers, without first getting their consent to receive them, in violation of the Florida Telephone Solicitation Act (FTSA).
Dermstore Telemarketing Text Messages Florida FTSA ComplaintCase Event History
Dermstore Telemarketing Text Messages Florida FTSA Complaint
February 13, 2023
Dermstore, LLC appears to sell skin care products. But the complaint for this class action alleges that it attempts to find customers by telemarketing to consumers, without first getting their consent to receive them, in violation of the Florida Telephone Solicitation Act (FTSA).
Dermstore Telemarketing Text Messages Florida FTSA Complaint