Convenience Store Firm Violated FTSA’s Caller ID Rules, Alleges Class Action

Quierra Robey and her class members received unwanted spam telemarketing text messages from convenience store company Rebel Stores “without regard” to the Telephone Consumer Protection Act, the Florida Telephone Solicitation Act or for "individual privacy,” alleged Robey’s class action Monday (docket 5:24-cv-00787) in U.S. District Court for Central California in Riverside. The Hillsborough County, Florida, resident's lawsuit challenges all telemarketing text messages that were sent by Rebel Stores or on its behalf from around March 2020 through the date of preliminary approval of class certification, it said. The FTSA’s caller ID rules require that parties making telephonic sales calls transmit to the consumer’s caller ID service a phone number that’s capable of receiving phone calls in return, said the complaint. Unlike claims for damages for text message solicitations that the called party doesn’t consent to receive, claims for violations of the caller ID rules are “equally applicable” to all phone sales calls, text messages or voicemails, “regardless of whether they are solicited or consented to” or they are “traditional, automated, or recorded,” it said. Rebel Stores transmitted at least four numbers to Robey’s caller ID service, but her counsel was unable to connect with the company when dialing those numbers, said the complaint. The plaintiff never provided Rebel Stores with her prior express written consent or any other party acting on its behalf to authorize the subject telemarketing text messages, it said. In an attempt to opt out of any further telemarketing text communications with Rebel Stores, Robey on various occasions texted the company the word “stop,” but it ignored her requests and continued to text promotional telemarketing messages despite her clear revocation of any alleged prior consent, it said. The defendant’s failure to honor opt-out instructions is “indicative” of its failure to maintain written policies and procedures regarding its text messaging marketing, provide proper training to its telemarketing personnel and maintain an internal do not call list, it said. To the extent that Rebel Stores outsourced its telemarketing spam text messaging campaigns, it’s nonetheless liable for texts that violate the TCPA or FTSA, said the complaint. It’s liable for third-party actions “if it took steps to cause the telemarketing texts to be made,” or if the telemarketing texts were made under its “actual authority, apparent authority and/or ratification,” it said.