Nailboo Telemarketing Text Messages FTSA Florida Class Action

Underlining Beauty, LLC does business as Nailboo. The complaint for this class action alleges that it also markets its goods and service via telemarketing. It alleges that it placed calls to send text messages to Florida consumers without getting the required prior express written consent, in violation of the Florida Telephone Solicitation Act (FTSA).

The class for this action is all persons in Florida who (1) were sent a text message call regarding Nailboo’s goods or services (2) using the same equipment or type of equipment used to call the plaintiff in this case.

Nailboo began sending text messages to the plaintiff in this case, Brittany Stoddard, at least by around July 1, 2021, the date the FTSA went into effect. Stoddard received a number of these text messages, including some that began as follows:

• “NAILBOO: Don’t miss our 4th of July sale! Up to 50% off nail shades & 25% kits w/ 4TH50.”
• “24 hrs left! Up to -55% #1 nail shades for July 4! 30+ manis as low as $6 w/ ‘FREEDOM’[.]”
• “Nailboo: 5 new nail shades launching now! 25% off when buying multiple. Limited inventory. Grab yours before they’re sold out!”
• “Nailboo: Hey Boo, new nail shades selling out quick! Save 35% when buying 4+ with code ‘NEWNEW’.”
• Nailboo: We’ve released 5 STUNNING new shades & they’re selling out fast! Save 25% when buying multiple. Get yours!”

The purpose of the messages was to solicit Stoddard to buy Nailboo’s goods or services. The complaint alleges, “To transmit the above telephonic sales calls, [Nailboo] utilized a computer software system that automatically selected and dialed” Stoddard’s and others’ telephone numbers.

Stoddard never gave Nailboo express written consent allowing her to make sales calls to her cell phone number using an automated system.

The complaint alleges that the FTSA makes it a violation 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.”

The law also provides specifications for the obtaining of the prior express written consent, including what the consent must consist of and what must be disclosed to the person providing it.

The complaint alleges that those to whom calls were made without their consent are entitled to a minimum of $500 in damages for each violation.

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