In a nationwide class action lawsuit, plaintiffs allege that a prominent Miami nightclub, Diskolab, violated federal text messaging law under the Telephone Consumer Protection Act (TCPA). The claims came in response to a text message campaign that began on January 8, 2019. The case remains in the pleading stages of the proceedings in the United States District Court for the Southern District of Florida.

Alleged Violations of TCPA: Text Messaging Violations

According to the allegations, Diskolab violated the TCPA by sending out advertisements by text without gaining the consent of the recipients. The text messages were allegedly sent en masse through an automatic telephone dialing system or ATDS. This became apparent to the plaintiff in the case due to the general/impersonal nature of the message’s content promoting the commercial availability of tickets to the club. While the plaintiff only claims to have received a small number of text messages, they hope to represent a nationwide class of individuals who all received texts from the club in the last four years through an ATDS.

TCPA Text Messaging and Maintaining Compliance:

There has been a significant increase of legal interest in popular text message market campaigns in recent years. The class action lawsuit filed against Diskolab is just another in the string of TCPA text message lawsuits and further proof that companies attempting to reach potential customers on their cell phones must be vigilant in maintaining compliance with applicable state and federal telemarketing laws in all their telemarketing practices and procedures.

If you are interested in learning more about what is required to maintain compliance with federal and state telemarketing laws or if you feel you have experienced a TCPA violation, please get in touch with one of the experienced consumer law attorneys at Aronow Law PC.