Dollar General Telemarketing Text Messages Florida FTSA Class Action

Telemarketing in Florida is regulated by, among other things, the Florida Telephone Solicitation Act (FTSA). But the complaint for this class action alleges that Dollar General Corporation made telemarketing calls to send text messages to consumers in Florida without their consent, thereby violating the FTSA.

The class for this action is all persons in Florida who

• Were sent a telephone sales call about Dollar General’s goods or services,
• Using the same equipment or type of equipment used to call the plaintiff in this case,
• When they had not provided prior express consent, as defined by Fla. Stat. § 501.059(1)(g),
• On or after July 1, 2021.

The plaintiff in this case, Marissa Gomez, received a telemarketing call from Dollar General, while she was living in and physically present in Pasco County, Florida. A screen shot of the text message sent via the call on September 3 of an unspecified year is attached to the complaint as Exhibit A.

The message reads, “DG:” followed by two emojis, a smiley face with stars for eyes and a hot dog in a bun; then, “Today ONLY, use your $5 off $25 coupon to prep for your Labor Day festivities.” After that came a link. The complaint alleges that this messages was meant to solicit the sales of consumer goods or services or to get information that could be used for that purpose.

“As demonstrated by the impersonal and generic nature of the message,” the complaint alleges, “the telephonic sales call[] detailed above 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 the FTSA as saying that it is a violation of the law to “make or knowingly allow a telephonic sales call to be made if such call involves an automated system for selecting 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.

According to the complaint, Gomez did not give Dollar General her prior consent to receive such calls.

The law also provides details as to how such consent may be obtained, including that it must be an agreement in writing that bears the signature of the called party and must include certain clear and conspicuous disclosures, including that the person signing the agreement authorizes the other party to make telemarketing calls using an automated telephone dialing system or a recorded message.

Article Type: Lawsuit
Topic: Privacy
Tags: FTSA, Unsolicited Text Messages, Use of Automatic-Capable Dialer, Your Privacy