A Florida resident has sued a travel company that arranges trips to Cuba after receiving repeated text messages on his phone without his consent. Cubamax Travel, Inc., is accused of violating the Telephone Consumer Protection Act (TCPA) by sending unsolicited text messages to the plaintiff in the case, Stephane Poirier.
En Masse Texting
The plaintiff alleges that the company used an automatic telephone dialing system to send these messages and that they regularly use unsolicited texting to promote their business. Poirer states that he sustained damages as a result of Cubamax’s unsolicited texting, including “invasion of his privacy, aggravation, annoyance, intrusion on seclusion, trespass, and conversion.” His petition also states that Cubamax’s texts “caused disruption to his daily life.”
On May 21, 2018, Cubamax sent a text message to Poirer’s phone in Spanish to advertise their travel services. Poirer never gave his consent to Cubamax to receive their text messages. This text was sent with a “shortcode,” indicating that it was used along with an ATDS to send this message to a large group of numbers.
Class Action Suit Under TCPA
Poirer’s class action suit seeks to include “All persons within the United States who, within the four years prior to the filing of this Complaint, were sent a text message, from Defendant or anyone on Defendant’s behalf, to said person’s cellular telephone number, advertising Defendant’s services, without the recipients’ prior express written consent.”
There is currently no firm number of individuals affected by Cubamax’s alleged violation. That number should be found in discovery during the examination of the company’s call records.
The case pleading is available online here.
The TCPA’s Protection
Congress enacted the TCPA in 1991 and implemented it in 1992. The law restricts robocalls to landlines, cell phones, fax machines, and businesses without the express written consent of the recipient. Calls that include a pre-recorded message with an autodialer are prohibited unless you’ve allowed the company to send them. This includes numbers on the FCC’s National Do Not Call Registry. Text messaging is included in autodialer restrictions.
Are You Overwhelmed by Texts?
If you’re being bombarded with calls, texts, or other unwanted communications that you never agreed to receive, your rights under the TCPA may be violated.
Put a stop to it. Contact The Law Offices of Jibrael S. Hindi for a free case evaluation. Speak with a knowledgeable TCPA lawyer today to put an end to the harassment and go after the compensation you deserve. Call (844)-JIBRAEL today or contact us online.