SmileDirectClub Hit with Class Action Over Alleged TCPA-Violating Text Messages
Nguyen v. SmileDirectClub, LLC
Filed: July 11, 2019 ◆§ 1:19-cv-06453
A lawsuit alleges SmileDirectClub sent a consumer an auto-generated, unsolicited text message without consent to do so.
SmileDirectClub is on the receiving end of a proposed class action filed in New York over apparent violations of the Telephone Consumer Protection Act’s provision against the communication of automatically generated unsolicited text messages.
According to the lawsuit, the dental alignment company sent at least one promotional text message to the plaintiff despite the individual never having done business with SmileDirect nor giving consent to receive text messages to her cell phone. The case asserts that the texts were automatically generated and sent via automated dialing technology, as evidenced by their impersonal nature.
“The text message sent to [the plaintiff] was unwanted, annoying, and a nuisance,” the lawsuit says.
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