The Sherwin-Williams Company, says the complaint for this class action, tries to promote its goods or service through telemarketing. However, the complaint claims, when it makes calls to Florida residents, it does not first get the consent from the recipients of the calls, as required under the Florida Telephone Solicitation Act (FTSA). According to the complaint, the term “calls” can include text messages.
The class for this action is all persons in Florida who (1) were sent a telephonic sales call about Sherwin-Williams’s goods or services (2) using the same equipment or type of equipment used to call the plaintiff in this case, (3) without obtaining the prior express consent defined by Fla. Stat. § 501.059(1)(g), (4) on or after July 1, 2021.
The plaintiff for this class action, Samantha Mackey, received the telemarketing calls from Sherwin-Williams while she was a resident of Pinellas County, Florida and physically present there.
Three screenshots, attached as Exhibit A at the end of the complaint, indicate that the calls were used to send Mackey at least three text messages, which began with as follows:
- “S-W: Enjoy $10 off a $50 purchase. … EXP 09/07/2022 Excl Apply. 1x use…”
- “S-W: Double up! Get 40% OFF paints & stains PLUS 30% OFF supplies, so you can get everything your project needs…”
- “S-W: Have hue heard? 30% OFF paints & stains AND 15% OFF supplies is going on now…”
The complaint alleges, “As demonstrated by the screenshot, the purpose of [Sherwin-Williams’s] telephonic sales calls was to solicit the sale of consumer goods and/or services, and/or to obtain information that will or may be used for the direct solicitation of a sale of consumer goods or services.”
The messages were designed to be sent with “an automated system for the selection or dialing of telephone numbers[,]”the complaint claims, “[a]s demonstrated by the impersonal and generic nature of the message…” However, the complaint asserts, the calls were made without Mackey’s prior express written consent.
The complaint quotes the FTSA as saying that it is a violation of the law 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 FTSA defines in detail what “prior express written consent” means, the complaint alleges, including specifying disclosures that must be made when concluding this kind of an agreement. It claims that Sherwin-Williams did not receive this kind of consent from Mackey or others in Florida, as required by the FTSA, before it made its telemarketing calls.
Article Type: LawsuitTopic: Privacy
Most Recent Case Event
Sherwin-Williams Telemarketing Text Messages FTSA Complaint
November 26, 2022
The Sherwin-Williams Company, says the complaint for this class action, tries to promote its goods or service through telemarketing. However, the complaint claims, when it makes calls to Florida residents, it does not first get the consent from the recipients of the calls, as required under the Florida Telephone Solicitation Act (FTSA). According to the complaint, the term “calls” can include text messages.
Sherwin-Williams Telemarketing Text Messages FTSA ComplaintCase Event History
Sherwin-Williams Telemarketing Text Messages FTSA Complaint
November 26, 2022
The Sherwin-Williams Company, says the complaint for this class action, tries to promote its goods or service through telemarketing. However, the complaint claims, when it makes calls to Florida residents, it does not first get the consent from the recipients of the calls, as required under the Florida Telephone Solicitation Act (FTSA). According to the complaint, the term “calls” can include text messages.
Sherwin-Williams Telemarketing Text Messages FTSA Complaint