In December 2022, The Free Press reported that real estate agent, Asher Walli, had filed 23 civil lawsuits against big brand name companies such as CVS and Dick’s Sporting Goods for smartphone text messages sent in violation of Florida’s Telephone Solicitation Act, Statute 501.059.
On February 22, Walli filed two more FTSA suits, this time, against Anthropologie, Inc. headquartered in Philadelphia, and Shiseido Americas Corporation originating from Japan.
Florida law makes clear that consumers must be able to reach text advertisers by responding to their ads via text or calling the displayed numbers that preface the ad message.
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This law applies whether the consumer did or did not request text messages or offers from the soliciting company.
Walli has experienced the full gamut of roadblocks to request predatory, law-defying companies to stop texting him or provide proper, direct access to the solicitor or seller where he may have welcomed communication.
According to his attorney Shawn Heller of the Social Justice Law Collective, Walli has experienced a variety of non-productive results from attempting to reach text advertisers, including the number’s inability to be completed as dialed, demands that he send an email, or getting no response at all.
Walli’s lawsuits demand statutory damages of up to $1,500 per illegal text message incident, in accordance with Florida law.
Heller was asked if other consumers like Walli are reacting in the courts to menacing text advertisements. He responded, “Hundreds, even thousands in Florida have sued.”
Heller also remarked, “There is a growing consensus among the states to do something about this,” citing that Maryland “intends to mimic Florida law.”
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A new wave of telephone solicitation computer programs, such as the AI-based Soundboard avatar telemarketing systems, are expected to litter the smartphone even more with calls and potential voicemails, and text messages.
In 2020, the FCC required consumers to give consent before these non-human conversationalists could “talk” to you, but as seen with text ads, companies may ignore the law and make contact anyway.
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