By Laura Pennington  |  October 4, 2019

Category: Legal News

Spam email inboxA Florida woman has initiated a proposed class action lawsuit against World Travel Holdings alleging that Florida’s email marketing laws were violated by the company.

Plaintiff Amy Betit argues that World Travel Holdings is responsible for sending thousands of misleading emails to class members and the plaintiff, leading to outcomes such as lost productivity, annoyance, injuries, financial costs or consumption of valuable digital storage space.

Betit says she received numerous marketing emails promoting Royal Caribbean Cruise Lines despite never having been on a cruise before. She says that on Sept. 24, 2019 she received an email stating that she could receive up to $1100 to spend onboard and hundreds in discounts.

The offer inside the Royal Caribbean email, according to the plaintiff, allowed for up to $750 to spend onboard or $1000 cashback. She states that the claim of up to $1100 to spend onboard is misleading and false and that the email sent by the defendant constitutes electronic mail messages that are unsolicited and commercial in nature.

She says that she was encouraged by the misleading subject line to click on the email and to open it and that she wasted her time as a result while also losing storage space in her email. She proposes that all people within the state of Florida who within four years before the filing of her official complaint were sent the same unsolicited commercial electronic mail message could be considered class members.

Betit seeks payment of $500 in damages for each violation. The email marketing lawsuit seeks to discontinue the allegedly illegal conduct carried out by the defendant and is seeking statutory damages for the plaintiff and all potential class members.

Consumer Protections in Florida’s Email Marketing Laws

The lawsuit was filed under Florida’s Electronic Mail Communications Act. The purpose of that Act is to protect members of the public and legitimate companies from unsolicited and deceptive commercial electronic mail. Given the volume of email that is sent and received on a daily basis affecting Florida businesses and residents, many people could be affected by the implementation of this law.

According to Secure Florida, one of the stipulations of Florida’s Electronic Mail Communication Act, or FEMCA, is that an email that contains false or misleading information in the subject line cannot be sent to an electronic mail address held by a Florida resident or using a computer in the state of Florida.

If you or someone you know has received emails with false or misleading statements as a Florida resident, share these concerns with an attorney. Top Class Actions can help you find legal counsel if you’re looking for assistance.

The Email Marketing Class Action Lawsuit is Case No. 0:19-cv-62394-WPD in the US District Court, Southern District of Florida.

Join a Free Email Spam Class Action Lawsuit Investigation

If you are a Florida resident and received emails from a business that contained false or misleading information in the subject line, OR if you received an email from a Florida business that contained false or misleading information in the subject line, you may be able to join a Florida email class action lawsuit investigation.

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