Marketing-Tech Company Sued For TCPA Violations

On Tuesday in the Middle District of Florida, Graham Hooper filed a class-action complaint against Digital Media Solutions, LLC, a marketing-tech company, for purported Telephone Consumer Protection Act (TCPA) violations. The filing claimed that the defendant engaged in unsolicited marketing to promote its services.

According to the complaint, on June 11, 2020, Digital Media Solutions “began sending numerous telemarketing text messages to Plaintiff’s cellular telephone number.” The plaintiff asserted that these text messages “constitute telemarketing because they encouraged the future purchase or investment in property, goods, or services, i.e., selling products and services offered by Defendant’s marketing clients.” Specifically, the complaint stated that the information in the text messages “advertises Defendant’s client’s various specials and deals, which Defendant sends to promote its business.” 

Furthermore, the plaintiff argued that he did not provide “express written consent to be contacted,” as required by the TCPA. The plaintiff also stated that he has been registered on the national do-not-call registry since September 2018. Moreover, the plaintiff noted that the TCPA “provides that ‘no person or entity shall initiate any telephone solicitation’ to ‘a residential telephone subscriber who has registered his or her telephone number on the national do-not-call registry of person who do not wish to receive telephone solicitations that is maintained by the federal government.” 

As a result, the plaintiff claimed that he should not have been contacted and that this has caused him actual harm, such as “invasion of his privacy, aggravation, annoyance, intrusion on seclusion, trespass, and conversion.” The plaintiff asserted that he was harmed by the actions of the defendant because the text messages inconvenienced him and caused disruption.

The plaintiff has sought an order certifying this as a class action lawsuit, for the plaintiff and his counsel to represent the class, an award for damages, declaratory judgment, and an injunction. 

Plaintiff Hooper is represented by Shamis & Gentile, P.A. and Edelsberg Law, P.A.