Last week, Florida skin care spa, Medspa Del Mar LLC (Medspa) was hit with a Telephone Consumer Protection Act (TCPA) class action in federal court for allegedly using an automatic dialing system to send unwanted text messages advertising its treatments. Lead plaintiff claims that Medspa invaded her and other class members’ privacy by sending a series of impersonal, generic messages without their express written consent as required by the TCPA. The complaint includes screenshots of some of these text messages:
“Flash Sale: All Restylane line of fillers $150 off! That includes Restylane-L, Lyft, Refyne and Defyne. Call us… to take advantage of the sale while supplies last.”
The proposed class is defined as all people in the United States who were sent a text message in the past four (4) years that advertised Medspa’s services without the individual’s prior express written consent. The class is seeking relief in the amount of $1,500 in statutory damages for each alleged TCPA violation.