Class Action Seeks to Halt Furniture Superstore From Texting Numbers on DNC Registry
Big Sandy Superstore, a furniture business in Lancaster, Ohio, engages in unsolicited text messaging to promote its goods and services to consumers who have listed their phone numbers on the national do not call registry, alleged Telephone Consumer Protection Act…
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class action Wednesday (docket 1:24-cv-00282) in U.S. District Court for Southern Ohio. Marissa Porter of Polk County, Florida, seeks injunctive relief to halt Big Sandy’s unlawful TCPA conduct, “which has resulted in intrusion into the peace and quiet in a realm that is private and personal” to her and the class members, said her complaint. Porter also seeks statutory damages on behalf of herself and members of the class, plus “any other available legal or equitable remedies,” it said. The plaintiff alleges that Big Sandy sent at least four text-message solicitations to her residential cellphone between June 5 and Feb. 13, though her number has been continuously listed on the national DNC registry since August 2008, said her complaint. Upon information and belief, Big Sandy maintains access to outbound transmission reports for all text messages sent to consumers advertising or promoting its services and goods, it said. These reports show the dates, times, target phone numbers and content of each message sent to Porter and the class members, it said. The plaintiff “has never had any type of business relationship” with Big Sandy, it said. She also never signed “any type of authorization” permitting or allowing Big Sandy to send her text-message solicitations, it said.