Wolverine World Wide, Inc. is a shoe company that owns brands such as Wolverine, Hush Puppy, Merrell, Sperry Top Sider, Keds, and Stride Rite. But the complaint for this class action claims that the company seeks customers by sending text messages to consumers in violation of the Florida Telephone Solicitation Act (FTSA).
The class for this action is all persons in Florida (1) who were sent a telephonic sales call about Wolverine’s goods or services, (2) using the same equipment or type of equipment used to call the plaintiff in this case, (3) without their prior express consent, as defined by Fla. Stat. § 501.059(1)(g), (4) on or after July 1, 2021.
The complaint alleges that Wolverine, “to promote its goods and services, … engages in [making] telephonic sales calls to consumers without having secured prior express written consent as required by the FTSA.” Telephonic sales calls, the complaint alleges, can include phone calls, text messages, or voicemails.”
The plaintiff in this case, Doris Fontanez, is a Florida resident. At some point on or after July 1, 2021, the complaint alleges, Wolverine either made or caused to be made two “telephonic sales calls” in the form of the sending of two text messages, a screenshot of which are attached to the complaint as Exhibit A.
The first message said, “Chaco: Something catch your eye? Come on back for a second look.” A link followed. The second said, “Chaco: Going somewhere? Check out our picks for the best travel-friendly sandals and shoes.” A link followed this message as well.
The complaint alleges that the screenshots show that the messages were soliciting the sale of shoes, “or to obtain information that will or may be used for the direct solicitation of a sale of goods or services.
The impersonal nature of the message, the complaint alleges, shows that they were sent out via “an automated system for the selection or dialing of telephone numbers…” It implies that such messages are intended to be sent out as part of a mass solicitation effort rather than being directed at an individual consumer.
The complaint claims that Fontanez received the calls or messages when she was physically present in Polk County, Florida and that she had never given the company her consent to receive such telemarketing messages.
The FTSA has a detailed definition of “prior express written consent” and how it may be obtained, which the complaint quotes from at some length.
The complaint alleges that Wolverine’s violation of the FTSA was “willful or knowing,” and asks for an award of statutory damages, among other things.
Article Type: LawsuitTopic: Privacy
Most Recent Case Event
Wolverine Telemarketing Text Messages FTSA Complaint
November 7, 2022
Wolverine World Wide, Inc. is a shoe company that owns brands such as Wolverine, Hush Puppy, Merrell, Sperry Top Sider, Keds, and Stride Rite. But the complaint for this class action claims that the company seeks customers by sending text messages to consumers in violation of the Florida Telephone Solicitation Act (FTSA).
Wolverine Telemarketing Text Messages FTSA ComplaintCase Event History
Wolverine Telemarketing Text Messages FTSA Complaint
November 7, 2022
Wolverine World Wide, Inc. is a shoe company that owns brands such as Wolverine, Hush Puppy, Merrell, Sperry Top Sider, Keds, and Stride Rite. But the complaint for this class action claims that the company seeks customers by sending text messages to consumers in violation of the Florida Telephone Solicitation Act (FTSA).
Wolverine Telemarketing Text Messages FTSA Complaint