TCPA Violates Due Process Clauses, Says Margaritaville Parent
Margaritaville restaurants parent IMCMV Holdings denies the allegations in plaintiff Racheal Paul’s first amended class action that it violated “any provision” of the Telephone Consumer Protection Act (see 2303210003), said its answer Monday (docket 6:23-cv-00223) in U.S. District Court for…
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Middle Florida in Orlando. IMCMV also denies Paul or any other person was “damaged” as the complaint alleges, it said. Paul alleges the company unlawfully sends telemarketing text messages without consent to consumers who registered their numbers on the national do not call registry and to those who have specifically asked Margaritaville to stop texting them. But Paul’s claims are subject to “mandatory arbitration” under an agreement she made with IMCMV “or others,” it said. Any attempt she made to revoke her consent to receive the texts “was not properly and/or clearly communicated,” it said. The TCPA, as Paul asserts, violates the due process clauses of the Fifth and Fourteenth Amendments, and the fines and penalties she seeks under the TCPA violate the Eighth Amendment and “constitute a taking” under the Fifth Amendment, it said.