Petland Telemarketing Text Messages TCPA and FTSA Class Action

The complaint for this class action alleges that Petland, Inc. seeks customers by engaging in unlawful telemarketing, violating both the Telephone Consumer Protection Act (TCPA) and the Florida Telephone Solicitation Act (FTSA). The complaint alleges that the company telemarkets to those on the National Do Not Call Registry and to those who have not given their prior express written consent.

Page 3 of the complaint shows screenshots of two text messages received by the plaintiff in this case, Flavia Covino on or around June 9 and 11, 2022.

The first message begins, “Weekly Price Reduction on our furry pups at Petland Orlando South. Click the link for more info.”

The second message begins, “Did You Know? Weekly Fun Fact—Petland Orlando South, Click link to see fun fact this week…”

The complaint alleges that the screen shots demonstrate that Petland “failed to identify (1) the name of the individual caller; (2) the name of the legal entity on whose behalf the call was being made; and (3) a telephone number or address at which [Petland] may be contacted.” The complaint alleges that these are requirements under the TCPA.

The complaint also claims that Covino never gave her prior express written consent to receive telemarketing calls, such as the text messages.

Three classes have been defined for this action:

• The DNC Class is all persons in the US who, between June 16, 2018 and the date the class in this case is certified, (1) were sent more than one text message call within a twelve-month period (2) where the person’s telephone number had been on the National Do Not Call Registry for at least thirty days, (3) about Petland’s property, goods, or services, (4) who did not buy anything or transact business with Petland in the eighteen months immediately before the date of the first message, and (5) who did not contact Petland during the three months immediately before the date of the first message inquiring about a product, good, or service it offered.
• The FTSA Class is all persons in Florida who (1) were sent a telephone sales call about Petland’s property, goods, or services, (2) using the same equipment or type of equipment used to call the plaintiff in this case.
• The Seller Identification Class is all persons in the US who, between June 16, 2018 and the date the class is certified in this case, (1) were sent two or more text messages in any twelve-month period (2) about Petland’s property, goods, or services (3) that did not disclose the name of the individual caller, the name of the person or entity on whose behalf the call was being made, or a telephone number or address at which the person or entity may be contacted.

Article Type: Lawsuit
Topic: Privacy
Tags: Called Number on Do Not Call Registry, Identification of Seller, TCPA, Unsolicited Text Messages, Your Privacy