Text Messages

VIO Med Spa Class Action for Unwanted Text Messages

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VIO Med Spa Class Action for Unwanted Text Messages

Brandon Weitz, the plaintiff, has brought forth a class-action lawsuit against VIO Franchise Group, LLC, the defendant. The lawsuit alleges that the defendant has violated the Telephone Consumer Protection Act (TCPA) by engaging in unsolicited marketing through text messages.

What is the Telephone Consumer Protection Act?

The TCPA is a federal statute designed to protect consumers from unwanted telemarketing calls and text messages. It includes specific provisions that prohibit businesses from sending unsolicited advertisements without the recipient's prior express consent.

The lawsuit alleges that VIO Franchise Group violated this Act, specifically 47 C.F.R. § 64.1200(d), which requires businesses to maintain an internal do not call list and honor opt-out requests.

What Led to the Lawsuit?

According to the complaint, the defendant began sending telemarketing text messages to the plaintiff's cellular telephone number. The messages, which were sent from a specific telephone number owned or operated by the defendant, advertised discounts and promotions for the defendant's services.

Despite the plaintiff responding with an opt-out request, which the defendant confirmed, the text messages allegedly continued. This failure to honor the opt-out request forms the crux of the lawsuit.

Who are the Class Members?

The class proposed in the lawsuit is national, including any persons in the United States who received similar unsolicited text messages from the defendant. The plaintiff and the proposed class members all allegedly made requests to the defendant not to receive calls, which the defendant failed to honor.

As a representative of the class, the plaintiff seeks certification of the class and the appointment of his counsel as Class Counsel.

What Damages is the Plaintiff Seeking?

The plaintiff seeks injunctive relief to stop the defendant's alleged illegal conduct. In addition to this, the lawsuit also seeks statutory damages and any other available legal or equitable remedies. While the exact dollar amount is not stated in the complaint, it's likely to be at least five million dollars, considering the size of the proposed class and the potential violations of the TCPA.

The plaintiff also demands the preservation of all records and itemizations associated with the allegations, including those in the possession of vendors or individuals contracted by the defendant.

What Could be the Next Steps?

As the case progresses, the court will need to determine whether the class can be certified. If the class is certified, the lawsuit will proceed to discovery, where both sides will exchange evidence and information. If the plaintiff can prove the allegations, the court may award damages and order the defendant to cease the alleged illegal conduct.

However, it's also possible that the parties could reach a settlement before the case goes to trial. This would involve the defendant agreeing to pay a certain amount to resolve the lawsuit, potentially avoiding the uncertainty and expense of a trial.

Case Facts

  • Status:
    Lawsuit Filed
  • Case Number:
    1:23-cv-01231
  • Filing Date:
    June 22, 2023
  • Jurisdiction:
    U.S. District Courts
  • State:
    Ohio
  • Court:
    Ohio Northern District
  • Plaintiff:
    Brandon Weitz
  • Defendant:
    Vio Franchise Group, LLC
  • Plaintiff Firm:
    Shamis & Gentile, P.A.
  • Defendant Firm:
  • Claims Administrator:
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Will Gendron
Will Gendron
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