/>iIf there’s one thing we know, it’s that telemarketing lawsuits are in style.
On September 02, 2024, Madison Porcelli (“Plaintiff”) filed a putative class action lawsuit against luxury fashion label Oscar De La Renta, LLC. (“Oscar De La Renta”) alleging violations of the Florida Telephone Solicitation Act (“FTSA”). The complaint, involving claims under the FTSA’s Caller ID Rules, is unusual because consent – or lack thereof – is not in contention. Instead, this lawsuit shifts focus to a different regulatory requirement: the transmission of a callable telephone number.
The Caller ID Rules
The FTSA’s Caller ID Rules, codified in Fla. Stat. § 501.059(8)(b), apply to all Telephonic Sales Calls – whether by phone, text, or voicemail – and mandate that any phone number transmitted to the consumer must be capable of receiving calls.
Notably, the Caller ID Rules govern not only unsolicited calls but also solicited and consented to communications. Therefore, the application of these rules does not depend on whether the consumer consented to receiving the telemarketing calls or messages. The objective is simple: the phone number shown on a consumer’s caller identification service must allow for two-way communication. The recipient should be able to view the number and call it back to engage with the sender.
Allegations Against Oscar De La Renta
Plaintiff alleges that Oscar De La Renta violated the Caller ID Rules by sending marketing text messages that failed to transmit a callable phone number. Specifically, Plaintiff claims that she received marketing text messages from Oscar De La Renta that displayed the caller ID number 91788, and that Plaintiff’s subsequent call to this number could not be completed. Further, Plaintiff alleges that she attempted to reply to the text from Oscar De La Renta with the message “Do you offer free express shipping?”, to which she received only an automated response.
Based on the allegations in the complaint, Plaintiff seeks to certify the following class:
All persons and entities that reside in Florida whose caller identification service was transmitted a telephone number that was not capable of receiving telephone calls and/or failed to connect to the Oscar De La Renta Callers when Oscar De La Renta Text Message Sales Calls were made to them since July 1, 2021.
What Makes This Case Unusual?
If you’ve been following TCPAWorld, you may have noticed our (and the FCC’s) emphasis on the magic words: Prior Express Written Consent.
Most telemarketing lawsuits hinge on whether the consumer consented to receive marketing communications in the form of automated calls or prerecorded messages, or while their number was listed on the Do Not Call Registry. However, this lawsuit deviates from that well-trodden path by focusing on a different aspect of telemarketing – the consumer’s ability to reach the telemarketer.
This case is a reminder to pay close attention to state consumer protection laws so you can avoid getting tripped up by technical requirements like the transmission of a callable number. If not, you may find yourself catwalking to court.
You can read the full complaint here: Porcelli v. Oscar De La Renta, LLC.
