Oral-B class action claims company sends unsolicited text messages

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Oral-B class action lawsuit overview:

• Who: Plaintiff Christa Simmons has filed a class action lawsuit against Oral-B.
• Why: Oral-B allegedly sends unsolicited text messages in violation of federal and state law.
• Where: The Oral-B class action lawsuit was filed in Florida federal court.

The Procter & Gamble Co., doing business as Oral-B, sends unsolicited text messages to consumers in violation of federal and state law, according to a recent class action lawsuit.

Plaintiff Christa Simmons alleges she has received multiple promotional Oral-B text messages on her cellphone. She says she never provided her prior express written consent to receive these telephone communications from Oral-B.

The class action lawsuit claims these messages violate the federal Telephone Consumer Protection Act (TCPA) and the Florida Telephone Solicitation Act (FTSA).

Oral-B class action says text messages did not give opt-out option

Simmons says the Oral-B text messages failed to identify the name of the individual caller, the name of the entity on whose behalf the texts were sent, and a phone number or address at which Oral-B could be contacted.

Further, the texts allegedly did not provide Simmons with instructions about how to opt out of future Oral-B text messages, such as an instruction to text “STOP” to opt out.

Simmons alleges that Oral-B used an automated software system that automatically dialed class members’ telephone numbers and sent them without any human involvement.

The Oral-B texts “have caused plaintiff and the class members harm, including violations of their statutory rights, statutory damages, annoyance, nuisance, and invasion of their privacy,” Simmons alleges.

The company could have sent automated text messages to consumers that had provided proper consent, the class action lawsuit says.

Earlier this year, Oral-B was hit with a class action lawsuit alleging its dental floss contains toxic forever chemicals.

Have you received unsolicited Oral-B text messages? Tell us about your experience in the comments below.

Simmons is represented by Rachel Dapeer of Dapeer Law PA and Manuel S. Hiraldo of Hiraldo PA.

The Oral-B class action lawsuit is Christa Simmons, et al. v. The Procter & Gamble Co. d/b/a Oral-B, Case No. 0:22-cv-61956, in the U.S. District Court for the Southern District of Florida.

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