Christina Spicer  |  November 28, 2018

Category: Legal News

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woman getting text from LadyBossA Florida woman says the text massages she received from LadyBoss to promote its online weight loss system were unwanted and violated the Telephone Consumer Privacy Act.

Lead plaintiff Jeanette Meneses alleges in the LadyBoss class action lawsuit that Poulin Ventures failed to secure her permission to send text messages to her mobile phone.

Instead, alleges the plaintiff, she and other consumers received unwanted text messages about a weight loss product.

“The TCPA prohibits: (1) any person from calling a cellular telephone number; (2) using an automatic telephone dialing system; (3) without the recipient’s prior express consent,” explains the LadyBoss class action lawsuit.

The law has been expanded to include unsolicited text messages as well.

Meneses says she received text messages touting LadyBoss in September 2018.

“Hey Lady!” says one of the text messages cited in the LadyBoss class action lawsuit. “Are you tired of trying to lose weight and figure it all out by yourself?”

The message goes on to tout a “LadyBoss Certified Results Coach” and tell consumers to click a link to a program invite.

“These calls were made without regard to whether or not Defendant had first obtained express permission from the called party to make such calls,” contends the LadyBoss class action. “In fact, Defendant did not have prior express consent to call the cell phones of Plaintiff and the other members of the putative Class when its calls were made.”

According to the LadyBoss class action lawsuit, Poulin Ventures violated the TCPA at several junctures. The plaintiff alleges that she did not provide express consent to receive the text messages. Further, the messages were designed in such a way that there is no question they were sent using an automatic dialing system.

“Defendant’s unsolicited text messages caused Plaintiff actual harm, including invasion of [] privacy, aggravation, annoyance, intrusion on seclusion, trespass, and conversion,” alleges the LadyBoss class action lawsuit. “Defendant’s text messages also inconvenienced Plaintiff and caused disruption to [] daily life.”

The LadyBoss class action lawsuit seeks to represent a nationwide Class of consumers who have received unwanted text messages touting the weight loss system over the previous four years.

The LadyBoss text message class action lawsuit is seeking actual and statutory damages, as well as a court order stopping the unwanted texts.

“Through this action, Plaintiff seeks injunctive relief to halt Defendant’s illegal conduct, which has resulted in the invasion of privacy, harassment, aggravation, and disruption of the daily life of thousands of individuals,” alleges the LadyBoss TCPA class action lawsuit. “Plaintiff also seeks statutory damages on behalf of herself and members of the class, and any other available legal or equitable remedies.”

Statutory damages under the TCPA can be quite steep – from $500 to $1,500 per violation or each unwanted call or text message.

Meneses and the proposed Class are represented by Andrew J. Shamis of Shamis & Gentile PA and Scott Edelsberg of Edelsberg Law PA.

The LadyBoss Unwanted Text Messages Class Action Lawsuit is Jeanette Meneses v. Poulin Ventures LLC d/b/a LadyBoss, Case No. 5:18-cv-00593, in the U.S. District Court for the Middle District of Florida.

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If you were contacted on your cell phone by a company via an unsolicited text message (text spam) or prerecorded voice message (robocall), you may be eligible for compensation under the Telephone Consumer Protection Act.

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13 thoughts onLadyBoss Class Action Says Weight Loss Text Messages Violate Law

  1. Brandi Willyard says:

    I had to end up blocking them

  2. Renee Nelson says:

    I actually thought they went back into business cuz I just got email again& have for awhile& tex

  3. Samantha Mulder says:

    Something is not right. They announced their closure and I still am getting emails like CRAZY. I ordered $240 worth of products over 3 weeks ago and they have not responded to emails, or answer the phone when I try to call! But they have been quick to take my money.

  4. Julie Whocares says:

    Omg get over it. You all loved the products when they were in business

    1. Samantha Mulder says:

      You are right great product. However, having everyone excited about products and then ghosting people is a scary thing. I can not even get ahold of anyone to see what has happened with my order. It is kind of allot of money for a small town gal like me to have just disappear. If there is a problem or a delay a company should let their customers know. I am an honest person and expect honesty in return.

  5. Therese McC says:

    I received unsolicited emails and texts messages from Ladyboss lean even after I had requested to be removed from their mailing lists. I have recently been bombarded with their emails about a liquidation sale.

    1. Brianne Bodemer says:

      I’ve had the same issue, it’s overwhelming. I’ve actually just sent them to spam because it got overwhelming.

  6. Anastasia says:

    That ok their going out of business sale is going on now. They keep over charging me.

  7. Ek says:

    Even emails you can’t cancel

    1. Brandi Willyard says:

      You have to block them

  8. J.H. says:

    I have so many unsolicited text messages from them even after I cancelled my monthly subscription.

    1. Debi says:

      So many calls ..text email I cancelled

  9. Becky V Morris says:

    Add plz

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