A class action lawsuit was filed in federal court in Florida on June 16 and states that Petland Inc. sent unsolicited text messages in violation of state and federal law.
Flavia Covino claimed that she received promotional text messages from Petland on June 9th and 11th, despite the fact her number is on the National Do-Not-Call Registry (since 2005). She claimed that she never gave Petland explicit written permission to send her commercial text messages.
According to Covino, Petland used an automated telephone calling system and a messaging platform for uninvited text messages.
Covino claims that Petland didn’t reveal the identity or name of the caller, nor the name or address of the entity to which the text messages were sent. This activity, according to the Petland class action suit, violated federal law that requires dealers and telemarketers to identify themselves.
The Petland class action lawsuit states that each class member could be entitled to more than $500 per unwanted text message.
Both the Telephone Consumer Protection Act and Florida Telephone Solicitation Act are designed to protect customers against unwanted communications such as text messages and phone calls.
Companies cannot solicit consumers unless they have received written permission under the TCPA or FTSA. Companies are also forbidden from calling or texting numbers listed on the National Do Not Call Registry (TCPA).
Petland’s class action lawsuit claims that unsolicited SMS messages caused injury to class members, including “statutory right violations, statutory damages,” annoyance and nuisance, as well as invasion of privacy.
Petland’s class action lawsuit states that class members could be entitled to $500 in damages for every TCPA or FTSA violation.
Petland also reported that a former employee filed a lawsuit alleging that the company intentionally sold sickened puppies to put dogs and people at risk.
Are you getting SMS messages from Petland that you didn’t request? Please let us know in the comments below.
Covino is represented by Manuel S. Hiraldo, Hiraldo PA, and Jibrael S. Hindi at The Law Offices Jibrael S. Hindi.
Flavia Covino against Petland Inc. Case No. The Petland class action case, 1:22-cv-21852, was filed in the United States District Court for the Southern District of Florida.