PHILADELPHIA— A Florida woman is suing a Pennsylvania business, alleging violation of the Telephone Consumer Protection Act.
Sherry Brown of Fort Pierce, Florida, individually and on behalf of those similarly situated, filed a lawsuit June 22 in U.S. District Court for the Eastern District of Pennsylvania against Rita's Water Ice Franchise Company LLC of Trevose, Pennsylvania, alleging the TCPA was violated through repeated solicitation.
According to the complaint, Brown was contacted by Rita's Water Ice beginning in February 2015, through text messages. Even though the plaintiff opted out of the messages, the suit says, Rita's failed to stop sending them.
Additionally, the lawsuit states, Rita's Water Ice failed to receive consent from the plaintiff to send the messages originally. Finally, the suit states, the text messages were placed automatically, utilizing a database of numbers without an actual person making the calls.
Brown and other plaintiffs seek damages of $500 for each individual violation of the TCPA, treble damages of $1,500, attorney fees and court costs, plus a jury trial. They are represented by attorney Jody B. Burton on Lemberg Law LLC in Stamford, Connecticut.
U.S. District Court for the Eastern District of Pennsylvania Case number 2:15-cv-03509