Florida Woman Sues New Beginnings Over Automated Text Message Ads

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A Florida consumer claims in a proposed class action lawsuit that New Beginnings Medical, LLC sent several unlawful text message advertisements to her cell phone without obtaining her prior consent to do so.

The lawsuit alleges that the weight loss company uses an automated telephone dialing service to promote its products and programs through text message advertisements. The problem, according to the case, is that the company sends these automated messages to consumers’ cell phones without first securing their express written consent—a requirement under the Telephone Consumer Protection Act (TCPA).

The plaintiff says she received several messages from the defendant that encouraged her to purchase human chorionic gonadotropin (HCG) pills and injections. She claims she never gave the company permission to send such messages to her cell phone.

Moreover, the lawsuit claims the defendant unlawfully contacted consumers, including the plaintiff, whose cell phone numbers are listed on the National Do-Not-Call Registry. The plaintiff alleges that she and other consumers have been damaged by the defendant’s conduct and is seeking up to $1,500 per text, as well as injunctive relief.

“Through this action,” the complaint reads, “Plaintiff seeks injunctive relief to halt Defendant’s illegal conduct, which has resulted in the invasion of privacy, harassment, aggravation, and disruption of the daily life of thousands of individuals.”