Mindbody Telemarketing Calls to Cell Phones TCPA Class Action

All kinds of businesses use technology to help them deliver goods and services to customers. However, regulations exist about using technology to telemarket to find more customers. The complaint for this class action alleges that Mindbody, Inc. violates the Telephone Consumer Protection Act (TCPA).

Mindbody describes itself as a “leading technology platform for the wellness industry, featuring an app that allows people to discover and book fitness, beauty and salon services and software to help growing business thrive.”

Unfortunately, the complaint alleges that Mindbody also uses technology to help it place unlawful telemarketing calls.

The complaint says, “The TCPA prohibits: (1) any person from calling a cellular telephone number; (2) using an automatic telephone dialing system (‘ATDS’) or an artificial or prerecorded voice; (3) without the recipient’s prior express consent.”

“Calling” in this context means not only placing a regular voice call but sending a voicemail or delivering a text message.

The complaint goes on to quote an earlier case and say, “In an action under the TCPA, a plaintiff must show only that the defendant ‘called a number assigned to a cellular telephone service using an automatic dialing system or an artificial or prerecorded voice.’” Also, the regulations have been amended to require not only “prior express consent” but “prior express written consent.”

In this case, on December 18, 2019, plaintiff Justin Seedman received a text message on his cell phone that read, “Hey Good Morning Justin. My name is Vinnie over at Mindbody! I was hoping to schedule about 10 minutes to learn more about your business. What day works best for you?” This message appears to be asking Seedman about his own business, but the point behind it, the complaint says, was “to schedule a call with [Mindbody] so that [Mindbody] can market its goods and services” to Seedman.

At no time, the complaint says, did Seedman give Mindbody his prior express written consent for Mindbody to send him text messages using an ATDS. Also, it says, “The impersonal and generic nature of [Mindbody’s] text messages[] demonstrates that [Mindbody] utilized an ATDS in transmitting the messages.

The No Consent Class for this action is all persons in the US who, between April 13, 2016 and April 13, 2020, were sent a text message using the same type of equipment used to text message the plaintiff in this case, from Mindbody or anyone acting on Mindbody’s behalf, to the persons’ cellular phone numbers.

Article Type: Lawsuit
Topic: Privacy

Most Recent Case Event

Mindbody Telemarketing Calls to Cell Phones TCPA Complaint

April 13, 2020

All kinds of businesses use technology to help them deliver goods and services to customers. However, regulations exist about using technology to telemarket to find more customers. The complaint for this class action alleges that Mindbody, Inc. violates the Telephone Consumer Protection Act (TCPA).

Mindbody Telemarketing Calls to Cell Phones TCPA Complaint

Case Event History

Mindbody Telemarketing Calls to Cell Phones TCPA Complaint

April 13, 2020

All kinds of businesses use technology to help them deliver goods and services to customers. However, regulations exist about using technology to telemarket to find more customers. The complaint for this class action alleges that Mindbody, Inc. violates the Telephone Consumer Protection Act (TCPA).

Mindbody Telemarketing Calls to Cell Phones TCPA Complaint
Tags: TCPA, Unsolicited Text Messages, Use of Automatic-Capable Dialer