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Update:
- A federal judge in Florida ruled Madison Reed cannot force its customers to arbitrate claims the hair care company violated the law by allegedly sending unsolicited calls and texts.
- U.S. District Judge Rodney Smith determined Madison Reed’s website does not clearly contain any mention of an arbitration agreement.
- The consumer behind a proposed class action lawsuit argues Madison Reed broke the law by allegedly sending marketing phone calls and text message solicitations without consent.
- Madison Reed argues customers enter into an arbitration agreement when they book their appointment online and the consumer is now choosing to ignore their obligation to arbitration.
Madison Reed unsolicited text messaging class action overview:
- Who: Hair care company Madison Reed has been hit with a class action lawsuit.
- Why: A Florida resident alleges the company sent unwanted text messages to prospective Florida customers.
- Where: The case was filed in Florida federal court.
(June 30, 2022)
Hair care company Madison Reed has been hit with a class action lawsuit alleging it sent unwanted text messages to prospective Florida customers.
Plaintiff Rachel Mochan filed the class action lawsuit against Madison Reed Inc. on June 22 in a Florida federal court, alleging violations of the Telephone Consumer Protection Act and the Florida Telephone Solicitation Act (FTSA).
According to the lawsuit, to promote its goods and services, the company engages in unsolicited text messaging to those who have not provided the company with their prior express written consent as required by the FTSA.
“Defendant’s telephonic sales calls have caused Plaintiff and the Class members harm, including violations of their statutory rights, statutory damages, annoyance, nuisance and invasion of their privacy,” Mochan states.
Madison Reed class action alleges text messages sent using automatic system
The plaintiff says she got two unwanted text messages from Madison Reed on March 17, soliciting her business. She says it appeared the company had used a computer system to automatically send the messages.
The plaintiff says she never provided the company with express written consent authorizing it to transmit telephonic sales calls to her cellphone utilizing an automated system.
“Since July 1, 2021, on information and belief, Defendant sent at least 50 text message solicitations to as many consumers in Florida,” the class action says.
She’s looking to represent anyone in Florida who got the unwanted text messages using the same computer software and seeking certification of the class action, damages, fees, costs and a jury trial.
In February, the company was hit with another class action lawsuit alleging it fails to warn consumers that its products may cause scalp irritation and hair loss.
Have you received unwanted sales texts from a company? Let us know in the comments.
The plaintiff is represented by Dapeer Law PA and Hiraldo PA.
The Madison Reed unsolicited text messaging class action is Rachel Mochan v. Madison Reed Inc., Case No. 9:22-cv-80915, in the U.S. District Court for the Southern District of Florida.
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11 thoughts onMadison Reed can’t force unsolicited call class action into arbitration, judge rules
After having color done at the Boca Raton, FL Madison Reed Color Bar for 2+ yrs. I’ve had scalp itching, hair breaking & clumps coming out. On 8/14/23 a colorist named Nicole was physically abusive while washing out the color & shampoo from my hair. Much of my hair, especially in front was pulled out by her as she forcefully twisted my head from side to side. She hurt me, after I asked her to be gentle with my hair & neck. Her black gloves were covered in my golden blonde hair & the sink was, too. The wet towel she put on my head was filled with enough hair to fkrm a baseball. There was blood on my scalp from the places she pulled on my hair. I’ve got the hair from the towel & photos as proof. I feel humiliated & people stare & ask me what happened. I wish to be included in your class action lawsuit.
Please add me. I’m so tired of getting unwanted and unasked for text messages
Please add me. I have been using this product since the Pandemic and have received texts without signing up.
Yes add me just received a text message today and have been getting them without requesting them
PLEASE ADD ME TO THIS LAWSUIT
I too have been using Madison Reed hair dye since the Pandemic started and my hairdresser closed. For the past few months I started noticing thinning hair and this past month I’ve been losing enormous amounts of hair with noticeable bald spots. I went to my hairdresser for haircuts only after the Covid lockdown ended, (she has not been dying my hair since the lockdown, I like the color Madison Reed offered, over my hairdressers, so I continued using the product ), on this last hair cut on September 30,2022 ( usually I have a trim every 8 weeks )she was immediately concerned when large clumps of hair came out as she was shampooing my hair, more as she combed it out. She also found large areas of hair loss which she had never seen before . She became concerned as I have. I decided to do some research since my diet hasn’t changed and I’m not taking any new medications and I’ve had blood work done at my recent physical which was normal. I’m really terrified that my hair will not return and I’m destined to have continued hair loss. I would like to join the law suit if I may. I’m retired and want my hair and health for many years
I need to be added to the class action lawsuit for unwanted solicited calls/texts.
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