Florida has its own law to protect its citizens from telemarketing, The Florida Telephone Solicitation Act (FTSA). This class action brings suit under this law against Shutterfly Lifetouch, Inc., alleging that it sent telemarketing text messages to consumers to promote its goods and services without getting their prior express written consent, as the law requires.
The class for this action is all persons in Florida who (1) were sent a telephone sales call about Shutterfly Lifetouch’s property, goods, or services, (2) using the same equipment or type of equipment used to call the plaintiff in this case.
The plaintiff in this case is Lisa Crichlow Helly, who received the calls in question while living in, and physically present in, Florida. The complaint alleges that the company contacted her cell phone a number of times over a period of several months, including on May 12 and 26 and June 6, 2022.
The complaint provides screenshots of three text messages, which begin as follows:
- “Lifetouch: Save your school memories and use code LILY1 to get Free Shipping sitewide!…”
- “There’s still time to save your Lifetouch Pictures! Free Shipping sitewide w/code LILY1…”
- “Do you like savings? How about 40% off your Lifetouch purchase of $44.99? Use code BOAT…”
The purpose of these text messages, the complaint says, was to solicit the sale of Lifetouch’s goods and services. Given the generic nature of the messages, the complaint suggests that the company called at least fifty people, using a platform that could transmit messages automatically, without human beings placing each call. This platform, the complaint alleges, can select and dial numbers automatically from a list.
The complaint alleges that Lifetouch did not get Helly’s prior express written consent permitting it to send her text messages via an automated system.
The complaint quotes the FTSA as saying that it is 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 consent of the called party.”
The law also specifies what “prior express written consent” must consist of.
The counts include violation of the FTSA, claiming that class members “are each entitled to a minimum of $500.00 in damages for each violation.” The complaint also requests that the court issue an injunction forbidding the company from continuing to end out such telemarketing messages and requiring that the company implement policies and procedures to get prior express written consent before engaging in any such further text message solicitations.
Article Type: LawsuitTopic: Privacy
Most Recent Case Event
Shutterfly Lifetouch Telemarketing Text Messages FTSA Florida Complaint
July 8, 2022
Florida has its own law to protect its citizens from telemarketing, The Florida Telephone Solicitation Act (FTSA). This class action brings suit under this law against Shutterfly Lifetouch, Inc., alleging that it sent telemarketing text messages to consumers to promote its goods and services without getting their prior express written consent, as the law requires.
Shutterfly Lifetouch Telemarketing Text Messages FTSA Florida ComplaintCase Event History
Shutterfly Lifetouch Telemarketing Text Messages FTSA Florida Complaint
July 8, 2022
Florida has its own law to protect its citizens from telemarketing, The Florida Telephone Solicitation Act (FTSA). This class action brings suit under this law against Shutterfly Lifetouch, Inc., alleging that it sent telemarketing text messages to consumers to promote its goods and services without getting their prior express written consent, as the law requires.
Shutterfly Lifetouch Telemarketing Text Messages FTSA Florida Complaint