Michaels Stores, Inc. specialize in art and craft items and supplies. The complaint for this class action alleges that it also makes telephone sales calls to promote its goods and services. Some of these calls are made to consumers in Florida, and the complaint alleges that they violated the Florida Telephone Solicitation Act (FTSA) because Michaels did not get the prior express consent of the recipients to receive these calls.
The class for this action is all persons in Florida
- Who were sent a telephonic sales call about Michaels good or services,
- Using the same equipment or type of equipment used to call the plaintiff in this case,
- Without getting the “prior express consent” as defined by Fla. Stat. § 501.059(1)(g),
- On or after July 1, 2021.
The plaintiff in this case, Jennifer DeLaRosa, received at least four “telephonic sales calls” on or after July 1, 2021. The calls took the form of text messages, sent or knowingly allowed to be sent by Michaels. Screenshots of the messages are attached to the complaint as Exhibit A.
The purpose of the messages, as the screenshots clearly show, was to solicit DeLaRosa to buy Michaels consumer services or goods.
One message began, “Michaels: Your Rewards voucher expires soon. Redeem today in store … or online…” with appropriate links included. Another began, “Michaels: Starts today: You’re invited to our biggest sale of the season! Shop 1,000s of epic deals in store and online” with a link.
The complaint alleges, “The telephonic sales calls 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.” However, according to the complaint, Michaels did not get DeLaRosa’s prior express consent to send these messages to her phone.
The complaint also alleges that Michaels sent thousands of similar messages to other consumers in Florida without getting their prior express consent to the sending of the messages.
The complaint quotes the FTSA as saying that it prohibits businesses from “mak[ing] or knowingly allow[ing] 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.” Florida law also sets forth specifics as to what constitutes “prior express written consent” and how it may be obtained.
The complaint alleges that the violations of the law by Michaels were willful and knowing.
Article Type: LawsuitTopic: Privacy
Most Recent Case Event
Michaels Telemarketing to Consumers in Florida FTSA Complaint
October 14, 2022
Michaels Stores, Inc. specialize in art and craft items and supplies. The complaint for this class action alleges that it also makes telephone sales calls to promote its goods and services. Some of these calls are made to consumers in Florida, and the complaint alleges that they violated the Florida Telephone Solicitation Act (FTSA) because Michaels did not get the prior express consent of the recipients to receive these calls.
Michaels Telemarketing to Consumers in Florida FTSA ComplaintCase Event History
Michaels Telemarketing to Consumers in Florida FTSA Complaint
October 14, 2022
Michaels Stores, Inc. specialize in art and craft items and supplies. The complaint for this class action alleges that it also makes telephone sales calls to promote its goods and services. Some of these calls are made to consumers in Florida, and the complaint alleges that they violated the Florida Telephone Solicitation Act (FTSA) because Michaels did not get the prior express consent of the recipients to receive these calls.
Michaels Telemarketing to Consumers in Florida FTSA Complaint