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In The News: Telephone Consumer Protection Act (TCPA) Suit Over Spam Text Messages

Nov 07, 2018
Shamis & Gentile, P.A.
Telephone Consumer Protection Act

Fla. Med Spa Hit With $5M Telephone Consumer Protection Act (TCPA) Suit Over Spam Text Messages

Law360 shared an article stating, “A proposed class of thousands of people has hit a Florida med spa with a $5 million suit in federal court over claims that it violated the Telephone Consumer Protection Act by using an automatic dialing system to send unwanted spam text messages advertising its treatments.”

The lead plaintiff is represented by Shamis & Gentile, P.A. also known as The Text Message Lawyers.  The suit filed alleges that Couture Med Spa invaded the plaintiff and other consumers’ privacy with the string of impersonal robo-text messages that the company sent without express written consent.  This is constituted as illegal telemarketing practices because the messages encourage the sale of medical aesthetic products and procedures that these consumers never signed up to receive.

Automatic Telephone Dialing System

As stated in the complaint by Andrew J. Shamis, a lawyer for the plaintiff, “The defendant knew that it did not have prior express consent to send these spam text messages and knew or should have known that it was using equipment that constituted an automatic telephone dialing system. That violations were therefore willful or knowing.”

The plaintiff seeks up to $1,500 in damages for each alleged violation of the TCPA, which exceeds the $5 million threshold for federal court jurisdiction under the Class Action Fairness Act when aggregated among a proposed class numbering in the tens of thousands or more.

Shamis & Gentile, P.A. looks forward to representing our client throughout this matter.

Proposed class-action lawsuit alleges Fiat Chrysler violates the Telephone Consumer Protection Act (TCPA)

An FCA (Chrysler) Telephone Consumer Protection Act lawsuit alleges the automaker calls consumers on their cell phones without their permission.

Our plaintiff filed the proposed class-action lawsuit against FCA for alleged violations of the Telephone Consumer Protection Act (TCPA). The plaintiff represented in this case by Shamis & Gentile, P.A. along with Edelsberg Law states that “the FCA called him on his cell phone in July 2018 to promote a 2019 Ram 1500 truck, and the call caused actual harm”.

According to the complain filed “actual harm, including invasion of his privacy, aggravation, annoyance, intrusion on seclusion, trespass, and conversion. Defendant’s prerecorded message also inconvenienced Plaintiff and caused disruption to his daily life.”

Telephone Consumer Protection Act Protects Consumers From Automated Dialing Systems

The Telephone Consumer Protection Act makes it illegal to call a person on their cell phone from an automated dialing system or prerecorded voice without the recipient’s consent. The lawsuit alleges a plaintiff only needs to show FCA “called a number assigned to a cellular telephone service using an automatic dialing system or prerecorded voice.”

The plaintiff says offers “that are part of an overall marketing campaign to sell property, goods, or services constitute” telemarketing under the TCPA. But even if a call is not deemed telemarketing, “a defendant must nevertheless demonstrate that it obtained the plaintiff’s prior express consent.” The lawsuit says the Federal Communications Commission requires “prior express written consent” for calls to wireless numbers such as made by FCA to the plaintiff.

David A. Wood of shared this article in the news section of their website.  Shamis & Gentile, P.A. represents many other plaintiffs in similar cases and looks forward to representing our clients throughout these Telephone Consumer Protection Act matters.

How To Report Spam Text Messages

Shamis & Gentile, P.A. has had extensive experience dealing with multiple cases of spam messaging and harassment. If you are a victim of this, you may be entitled to up to $1500 in damages! Follow these 4 steps to file a report with us:

  1. Save The Text Message!
    Screenshot the message and then email it to yourself or save it to the cloud in case something happens to your phone.
  1. Get The Details
    Write down the name and number of the company that tried to solicit you. This will be useful in court.
  1. Send the Text Message Screenshot to Your Lawyers
    Send the screenshot image of your spam text message to Shamis & Gentile, P.A. by sending a text to 1-833-3TEXT-ME (1-833-383-9863) or email us at
  1. Call For A Free Consultation
    Call the attorneys at Shamis & Gentile, P.A. for a free consultation of your potential case. We will happily discuss it with you and will advise you of all the further actions that are required.

Learn more about the Telephone Consumer Protection Act and Spam Text Message FAQ’s here.

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