Omni Hotels class action overview:
- Who: Plaintiff Joe Biscaha filed a class action lawsuit against Omni Hotels Corporation.
- Why: Biscaha claims Omni Hotels sent unwanted text messages to consumers who had opted out of receiving them.
- Where: The class action lawsuit was filed in Florida federal court.
A new class action lawsuit accuses Omni Hotels Corporation of sending unwanted text messages to consumers in Florida who had opted out of receiving them.
Plaintiff Joe Biscaha claims Omni Hotels sent multiple text messages to his phone number after he asked to stop receiving them. He argues these messages violated the Florida Telephone Solicitation Act (FTSA).
“Defendant’s violations of the FTSA caused the plaintiff to waste at least fifteen minutes of his time in addressing and attempting to stop the defendant’s solicitations,” the Omni Hotels class action lawsuit says.
Biscaha wants to represent a Florida class of consumers who, since July 1, 2021, received one or more text messages or calls from Omni Hotels regarding its goods or services, more than 15 days after communicating that they did not wish to receive text messages or calls by replying to the messages or calls with a “stop” or similar opt-out instruction.
Omni Hotels continued texting after unsubscribe confirmation, telesales lawsuit alleges
Biscaha argues he received messages from Omni Hotels on several dates before he responded with “stop” to the number, at which point he says he received a confirmation message stating he had unsubscribed and would receive no further messages.
However, he claims Omni Hotels failed to honor his opt-out request and continued to send messages more than 15 days after his first “stop” request.
The class action lawsuit argues that the text messages were telephonic sales calls because they promoted Omni Hotels’ discounts and offers to encourage the purchase of hotel and resort services.
The telesales lawsuit further argues Omni Hotels does not maintain an internal do-not-call list nor does it provide training to its personnel on how to handle opt-out requests.
The plaintiff demands a jury trial and requests declaratory and injunctive relief and an award of statutory damages for himself and all class members.
In 2025, a consumer sued five major hotel chains in a class action lawsuit alleging they shared sensitive information to fix prices.
Have you received a message from Omni Hotels after opting out? Let us know in the comments.
The plaintiff is represented by Christopher E. Berman of Shamis & Gentile P.A. and Scott Edelsberg of Edelsberg Law P.A.
The Omni Hotels class action lawsuit is Biscaha v. Omni Hotels Corporation, Case No. 1:26-cv-23640, in the U.S. District Court for the Southern District of Florida.
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