No matter how seemingly niche the potential market, sellers seek to take advantage of promotional texting. Blades Direct, LLC (“Blades”), described as a “diamond tools supplier that carries a broad range of diamond blades and diamond cutting products,” is now the latest enterprise to run afoul of Florida’s mini-TCPA statute as a result of a single such apparent messaging effort.

Plaintiff David Errante alleges that Blades used a “computer software system that automatically selected and dialed” Mr. Errante’s number without obtaining his express written consent. Blades, based in Coral Springs, Florida, allegedly urged the plaintiff  to “GET OUR FAMOUS SAW DEAL TODAY….” According to the Class Action Complaint, Mr. Errante was also eligble for a “FREE…SAW WHEN BUYING A BOX OF BLADES TODAY!!”  At this point, the Complaint recites no other promotional texts to the plaintiff.

Mr. Errante’s suit seeks an injunction and statutory damages for a class including “all persons in the United States who, (1) were sent a telephonic sales call regarding Defendant’s goods or services, (2) using the same equipment or type of equipment utilized to call the Plaintiff.”  In other words, a “nationwide” class.

Of course, whether Mr. Effante’s claims are meritorious remain to be seen.