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Sunwink Corp Faces $5 Million Lawsuit Over Alleged TCPA and FTSA Violations

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Sunwink Corp Faces $5 Million Lawsuit Over Alleged TCPA and FTSA Violations

Ashley Cardona, a resident of Miami-Dade County, Florida, has filed a class action lawsuit against Sunwink Corp., a Delaware corporation based in San Francisco, CA. The allegations center around violations of the Telephone Consumer Protection Act (TCPA) and the Florida Telephone Solicitation Act (FTSA). The plaintiff alleges that the defendant engaged in aggressive telephonic sales calls without obtaining prior express written consent from consumers.

The Law: TCPA and FTSA - What's at Stake?

The TCPA is a federal law that restricts telemarketing calls and the use of automatic dialing systems, prerecorded voice messages, SMS text messages, and fax machines. It also specifies that organizations must have prior express written consent to send text messages to consumers for marketing purposes.

The FTSA is a Florida state law that further regulates telemarketing and solicitation calls, requiring explicit prior consent from the consumer. Violations of these laws can result in hefty fines and penalties.

What Led to the Lawsuit?

According to the complaint, over the past year, the defendant sent numerous telephonic sales calls to the plaintiff's cellular telephone without her consent. Despite her number being registered on the national do-not-call registry, the defendant allegedly continued to send automated text messages promoting its goods and services.

The plaintiff alleges that the defendant used a messaging platform to send these messages, which was unnecessary for its business operations and non-compliant with the FTSA.

Who Are the Class Members?

The proposed class consists of individuals who received telephonic sales calls from the defendant without their consent or while their numbers were listed on the national do-not-call registry. The exact number of class members is unknown but is believed to be in the thousands.

The plaintiff, who is seeking class certification for two classes: the No Consent Class and the Do Not Call Registry Class, asserts that she is an adequate representative and will fairly protect the interests of the class.

What Damages Are Being Sought?

The plaintiff is seeking injunctive relief to stop the defendant's alleged unlawful conduct, as well as statutory damages and any other available legal or equitable remedies. While the exact dollar amount is not stated in the complaint, it is likely to be at least five million dollars, given the number of potential class members and the statutory damages associated with TCPA and FTSA violations.

Furthermore, the plaintiff alleges that the defendant's conduct caused harm, including statutory damages, inconvenience, invasion of privacy, aggravation, and annoyance.

What's Next?

The next steps in the case will likely involve the court determining whether the lawsuit can proceed as a class action. If the class is certified, the case will move forward with the plaintiff representing the interests of the class members.

Regardless of the outcome, this case serves as a reminder to businesses of the importance of complying with telemarketing laws and the potential consequences of non-compliance.

Case Facts

  • Status:
    Lawsuit Filed
  • Case Number:
    1:23-cv-22368
  • Filing Date:
    June 26, 2023
  • Jurisdiction:
    U.S. District Courts
  • State:
    Florida
  • Court:
    Florida Southern District
  • Plaintiff:
    Ashley Cardona
  • Defendant:
    Sunwink Corp.
  • Plaintiff Firm:
    Shamis & Gentile, P.A.
  • Defendant Firm:
    Jeremy L. Kahn
  • Claims Administrator:
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