Homebuying Firm Hounded Plaintiff With Text Messages, Says Fla. Class Action
Julia Faure listed her cellphone number with the national do not call registry in December 2019, and has maintained that registration through the present date, yet beginning in May 2022, Optimal Home Buyers sent her numerous text messages seeking to solicit her to use the company in the sale of her home, alleged Faure’s Telephone Consumer Protection Act class action Friday (docket 1:24-cv-21739) in U.S. District Court for Southern Florida in Miami. Faure didn’t recognize the sender, and wasn’t looking to sell her home, said the complaint. The Melbourne, Florida, resident also didn’t give the company her prior express written consent to send text messages to her cellphone, it said. Faure suffered actual harm as a result of the text messages at issue “in that she suffered an invasion of privacy, an intrusion into her life, and a private nuisance,” it said. She suffered additional harm “due to her frustration and difficulty in identifying the entity and persons responsible for the unwanted advertisement or marketing text messages” to her cellphone, it said. Optimal knew or should have known that Faure listed her cellphone number with the DNC registry, said her complaint.