Deluge of Black Friday Texts Allegedly Sent to Floridians, Despite Opt Outs
Furniture chain Modani inundated Floridians with 50 different unwanted text-message solicitations since July 1, including a bombardment during November keyed to Black Friday promotions, alleged a class action Monday in U.S. District Court for Southern Florida in Fort Lauderdale that…
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asserts claims in violation of the Telephone Consumer Protection Act and the Florida Telephone Solicitation Act. Plaintiff Jamil Hindi revoked any type of consent or permission Modani may have had to contact him when he replied “Stop” to Modani’s text message Aug. 2, said the complaint. Modani received the stop request because it confirmed that Hindi was unsubscribed through an automated response, it said. Modani nevertheless continued sending Hindi text solicitations through Black Friday, it said. The complaint seeks treble damages for “knowing and/or willful” violations of both statutes. It also demands that Modani “take affirmative steps to preserve all records, lists, electronic databases or other itemizations associated with the allegations.” Modani didn’t answer emailed queries seeking comment.