This lawsuit alleges that Strax Wellness violated federal law by sending unsolicited text messages to consumers without those consumers prior express consent.
The TCPA prohibits companies from sending unsolicited text messages to people without their express consent. The TCPA imposes a statuary fine of between $500 and $1500 for each text sent.
Plaintiff Lauren Minniti alleges that on May 13, 2015, Strax transmitted a text message to Plaintiff’s wireless phone advertising its “Memorial Day Specials.” Then on or around May 29, 2015, Strax transmitted another text message to her wireless phone advertising its “Summer Splash Specials.” Then on or around June 15, 2015, Strax transmitted yet another text message to her wireless phone advertising a promotional discount.
The lawsuit alleges that none of Strax’s text messages inform recipients on how to opt-out of receiving future text messages, as required by the TCPA and corresponding regulation 47 C.F.R. §
64.1200(b)(3).
The lawsuit goes on to allegedly describe the text messages. The “from” field of such transmission was identified as “990-00,” which is the short code Strax used to send text messages. The text messages ask the recipient to click on Internet links or call (954) 281-4112. The Internet links direct the recipient to the website www.straxrejuvenationreviews.com.
Article Type: LawsuitTopic: