Operating Co. of Sway Nightclub Facing TCPA Class Action

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The company behind Fort Lauderdale, Florida’s Sway Nightclub is on the receiving end of a proposed class action claiming it violated the Telephone Consumer Protection Act (TCPA) when it allegedly sent consumers unsolicited marketing text messages to drum up new business. The case against defendant 111 SW 2^nd Ave, LLC argues the company invaded proposed class members’ privacy when it used restricted automatic telephone dialing equipment to send the advertisement texts without first obtaining prior express written consent to do so.

The plaintiff claims the defendant hired a third-party text-message-marketing company to promote its nightclub, which, using the third party’s texting messaging app, sent short-coded texts to consumers without consent.