This telemarketing class action names as defendants My Pillow, Inc., Michael James Lindell, and Frank Speech, LLC. The complaint alleges that these parties have violated both the federal Telephone Consumer Protection Act (TCPA) and the Florida Telephone Solicitation Act (FTSA), for unwanted text messaging to people who have put their numbers on the National Do Not Call Registry, to those who have asked them to stop sending such messages, and those who have not given their prior express written consent as required by the FTSA.
The two plaintiffs in this case, Bethany Gaudreau and Joseph Ram, are citizens and residents of Florida who claim to have received unsolicited text messages since around August 2021, from My Pillow or the other defendants in this case.
Pages of screenshots included in the complaint show images of the messages. One example says, “Watch All New Diamond & Silk Live @ 9PM CT M-F At Frank Speech! I Want To Thank You For Your Continued Support! Get MyPillows For $19.99 Now!” Another begins, “Sale Of The Year! Buy One Set Of MyPillow Bed Sheets Get The Second Set Absolutely Free! Thanks For Your Support Of Frankspeech!…”
Visible under some of Gaudreau’s messages is the texted reply “Stop.” Another says, “Please remove me and stop messaging me for [M]y [P]illow sales and Frank [S]peech.” However, the complaint alleges that the messages continued to come.
The complaint alleges, “The failure to stop calling is indicative of Defendants’ failure to implement a written policy for maintaining a do-not-call list and to train its personnel engaged in telemarketing on the existence and use of the do-not-call list.” In fact, Ram received another message even after he had filed the class action against the companies.
The complaint asserts that neither Gaudreau nor Ram gave the defendants permission to telemarket to them.
Three classes have been defined for this action:
- The Internal DNC Class is all persons in the US who, between October 17, 2018 and October 17, 2022 (1) received a text message (2) encouraging the purchase or rental of, or investment in, My Pillow’s property, goods, or services (3) to their home phone number, (4) after they asked not to receive any more telephone communications by replying “Stop” or making any other similar request.
- The DNC Class is all persons in the US who, between October 17, 2018 and October 17, 2022 (1) received more than one text message call in any twelve-month period (2) where their telephone numbers had been listed on the National Do Not Call Registry for at least thirty days (3) about My Pillow’s property, goods, or services.
- The FTSA Class is all persons in Florida who (1) were sent a telephonic sales call about My Pillow’s goods or services (2) using the same equipment or type of equipment used to call the plaintiffs in this case.
Topic: Privacy
Most Recent Case Event
My Pillow, FrankSpeech Telemarketing Texts TCPA, FTSA Second Amended Complaint
October 17, 2022
This telemarketing class action names as defendants My Pillow, Inc., Michael James Lindell, and Frank Speech, LLC. The complaint alleges that these parties have violated both the federal Telephone Consumer Protection Act (TCPA) and the Florida Telephone Solicitation Act (FTSA), for unwanted text messaging to people who have put their numbers on the National Do Not Call Registry, to those who have asked them to stop sending such messages, and those who have not given their prior express written consent as required by the FTSA.
My Pillow, FrankSpeech Telemarketing Texts TCPA, FTSA Second Amended ComplaintCase Event History
My Pillow, FrankSpeech Telemarketing Texts TCPA, FTSA Second Amended Complaint
October 17, 2022
This telemarketing class action names as defendants My Pillow, Inc., Michael James Lindell, and Frank Speech, LLC. The complaint alleges that these parties have violated both the federal Telephone Consumer Protection Act (TCPA) and the Florida Telephone Solicitation Act (FTSA), for unwanted text messaging to people who have put their numbers on the National Do Not Call Registry, to those who have asked them to stop sending such messages, and those who have not given their prior express written consent as required by the FTSA.
My Pillow, FrankSpeech Telemarketing Texts TCPA, FTSA Second Amended Complaint