Workout Apparel Firm Ignores Text-Message Opt-Out Requests, Says Class Action

A workout apparel supplier engages in unsolicited text messaging to promote its goods and services, and continues to text-message consumers after they have opted out of those solicitations, alleged a Telephone Consumer Protection Act and Florida Telephone Solicitation Act class action Friday (docket 0:24-cv-61027) in U.S. District Court for Southern Florida. Kourosh Farsian seeks injunctive relief to halt Alphalete Athletics’s illegal conduct, “which has resulted in the invasion of privacy, harassment, aggravation, and disruption of the daily life of thousands of individuals,” said the complaint. The Palm Beach County, Florida, resident also seeks statutory damages on behalf of himself and members of the class, plus “any other available legal or equitable remedies,” said the complaint. Alphalete has caused multiple text messages to be transmitted to Farsian’s cellphone number, though the plaintiff personally listed his number on the national do not call registry in January 2008, it said. Farsian first asked the defendant to stop contacting him on April 19 but Alphalete continued to send him at least eight more text messages between April 27 and June 13, the complaint said. As demonstrated by the screenshots embedded in the complaint, Alphalete doesn’t honor consumer requests to opt out of text message solicitations, it said. That failure shows that the defendant doesn’t maintain written policies and procedures regarding its text-messaging marketing, said the complaint. Alphalete also doesn’t properly train its telemarketing personnel, nor does it maintain a stand-alone internal do not call list, it said.