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Wave Plastic Surgery Unsolicited Text Messages TCPA Class Action

Does Wave Plastic Surgery Center, Inc. and its related companies use telemarketing to solicit business? The complaint for this class action alleges that the company places unwanted telemarketing calls to consumer cell phones, in violation of the Telephone Consumer Protection Act (TCPA). The defendants include Wave as well as other Wave Plastic Surgery Centers designated as “Arcadia,” “Irvine,” “San Francisco,” and “RH.”

The class for this action is all persons in the US who received a text message from the defendants (or an affiliate, subsidiary, or agent of theirs), between December 29, 2016 and the resolution of this case, who had not provided express written consent to receive such messages.

Under the TCPA, the complaint says, businesses may not use automatic dialing systems to make calls to wireless numbers unless it concerns an emergency or unless the business has the prior express consent of the called party. If the call involves “advertising” or “telemarketing,” the business must have the “prior express written consent” of the called party.

The complaint explains SMS (Short Message Service) and MMS (Multimedia Messaging Service) text messages often used by advertisers. “Because wireless telephones are carried on their owners’ persons,” the complaint says, “SMS and MMS text messages are received virtually anywhere in the world.” It points out that receiving these kinds of text messages costs the recipients money.

“Moreover,” the complaint alleges, “the transmission of an unsolicited SMS or MMS text message to a cellular device is distracting and aggravating to the recipient and intrudes upon the recipient’s seclusion.”

In this case, the complaint alleges, the Wave Plastic Surgery defendants sent text messages to plaintiff Sera Kim’s cell phone in June and July 2020.

The complaint claims the company did so “without first obtaining [Kim’s] express written consent and without providing [Kim] a mechanism to stop receiving such messages in the future.” It further asserts that the texts were SMS messages sent through the use of an automatic dialing system.

According to the complaint, “[b]ecause [Kim] is alerted by auditory or visual means, whenever she receives a text message, the unsolicited SMS or MMS text message advertisements that [Wave] transmitted to [Kim’s] cellular device invaded [her] privacy and intruded on [her] seclusion upon receipt.”

The complaint asks for statutory treble damages (of $1,500 per call, based on willful or knowing violation of the TCPA), pre-judgement and post-judgment interest, her attorney’s costs and fees, and “such further relief as the Court deems fit and proper.”

Article Type: Lawsuit
Topic: Privacy

Most Recent Case Event

Wave Plastic Surgery Unsolicited Cell Phone Calls TCPA Complaint

December 29, 2020

Does Wave Plastic Surgery Center, Inc. and its related companies use telemarketing to solicit business? The complaint for this class action alleges that the company places unwanted telemarketing calls to consumer cell phones, in violation of the Telephone Consumer Protection Act (TCPA). The defendants include Wave as well as other Wave Plastic Surgery Centers designated as “Arcadia,” “Irvine,” “San Francisco,” and “RH.”

Wave Plastic Surgery Unsolicited Cell Phone Calls TCPA Complaint

Case Event History

Wave Plastic Surgery Unsolicited Cell Phone Calls TCPA Complaint

December 29, 2020

Does Wave Plastic Surgery Center, Inc. and its related companies use telemarketing to solicit business? The complaint for this class action alleges that the company places unwanted telemarketing calls to consumer cell phones, in violation of the Telephone Consumer Protection Act (TCPA). The defendants include Wave as well as other Wave Plastic Surgery Centers designated as “Arcadia,” “Irvine,” “San Francisco,” and “RH.”

Wave Plastic Surgery Unsolicited Cell Phone Calls TCPA Complaint
Tags: TCPA, Unsolicited Text Messages, Use of Automatic-Capable Dialer