Like many things that involve telemarketing and class-action lawsuits, this centers on the Telephone Consumer Protection Act (TCPA) and Florida’s “mini-TCPA”, the Florida Telephone Solicitation Act (FTSA).
Though there have been challenges and new interpretations regarding components of the TCPA, such as what constitutes an autodialer (Facebook v. Duguid), the heart of the TCPA (and FTSA) focuses on protecting consumers from receiving unwanted calls, texts, faxes, and messages. Violations of the TCPA can financially ruin a business, even if the company was unaware that they were doing anything wrong. Each text or call could result in a $500 fine, which routinely increases to $1500 as long as the company knowingly sends them.
One of the easiest ways to comply with the TCPA and/or FTSA is to have written consent from the consumer that they are authorizing telemarketers to call them through automated dialing (and texting) or prerecorded voice messages. Conversely, the following scenario details how a lack of consent led to a significant class-action lawsuit.
Expressed Written Consent
Michael Lindell is the founder and CEO of My Pillow, Inc. He also began a social media platform where people could communicate with one another. It is critical to note that we are not here to address what is said on that platform, nor is the content on that site relevant to the class-action lawsuit that developed because of it. Micahel Lindell set up something he called Frank Speech, LLC. You could subscribe to his newsletter when you went to his Frank Speech, LLC website (which was not connected to his company’s website).
However, when people opted into the newsletter, they also received text messages for My Pillow Inc. products. The plaintiffs in this case are Bethany Gaudreau and Joseph Ram, both Florida residents. Here’s an example of one of the unsolicited text messages sent out and received: “Sale Of The Year! Buy One Set Of MyPillow Bed Sheets Get The Second Set Absolutely Free! Thanks For Your Support Of Frankspeech!…”
How many messages were sent? According to the class certification motion, there were 236,541,661 messages sent to 1,995,606 different phones! One of the plaintiffs claims she received 51 messages after requesting the messages to stop. Usually, this is done by simply typing the word “STOP.” This is why My Pillow Inc. is now the subject of action by three separate classes involving violations of the Florida Telephone Solicitation Act (FTSA) and the Do Not Call Registry.
Stay Compliant with Cove Law, P.A.
We have been serving telemarketers for over 25 years and have followed the evolution of the TCPA and its impact on the industry. We understand the challenges you face and will assist you with remaining compliant. For professional legal counseling regarding the Federal Telemarketing Sales Rule (TSR), Telephone Consumer Protection Act (TCPA), and Do-Not-Call (DNC) Registries, contact Cove Law, P.A. to schedule your consultation.
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- The Role of Consent in Telemarketing: Obtaining and Documenting - February 15, 2024
