Communications Litigation Today was a Warren News publication.

Residential Cleaning Service ‘Routinely Violates’ TCPA, Says Complaint

Defendant Spruce Services, a residential cleaning company that specializes in large apartment complexes, “routinely violates” the Telephone Consumer Protection Act “by delivering more than one advertisement or marketing text message” to residential phone numbers listed on the national do not call registry without “prior express invitation or permission,” alleged Boca Raton, Florida, plaintiff Jeffrey Orenstein in a class action Wednesday (docket 1:23-cv-00391) in U.S. District Court for Western Texas in Austin. Spruce, which is headquartered in Austin, also routinely violates the Florida Telephone Solicitation Act by placing telemarketing calls to Florida consumers through automated systems, also without their consent, it said. Orenstein, whose number has been listed on the DNC registry since December 2004, received at least three telemarketing and solicitation text messages on his cellphone from Spruce between October and January, said his class action. Orenstein “suffered actual harm as a result of the text messages at issue in that he was annoyed by the delivery of unwanted telemarketing or solicitation messages, and that he suffered an invasion of privacy, an intrusion into his life, and a private nuisance,” said his complaint. Spruce knew, or should have known, that Orenstein registered his cellphone number with the DNC registry, it said. Spruce didn’t comment.