Dream Vacations Class Action Filed Over Cruise Marketing Texts

Dream Vacations allegedly sent unsolicited marketing texts which a recent class action argues is in violation of the Telephone Consumer Protection Act.

Plaintiff Kristin Spotts says she received marketing texts from Dream Vacations starting in August 2018.

The text messages allegedly encouraged Spotts to book a cruise with the company and advertised cruise specials and deals.

The Dream Vacations class action claims that Spotts never consented to receive text messages from Dream Vacations regarding their cruise deals.

Due to the content of the unsolicited marketing texts and her own lack of consent, Spotts argues that the messages are a violation of the Telephone Consumer Protection Act (TCPA).

The TCPA is a federal law which prohibits a variety of behaviors including calling a telephone or cellular number using an automatic dialing system without the recipient’s prior express consent. Originally, the law only applied to calls, but the rules have since been expanded to include faxes and text messages.

In 2012, the Federal Communications Commission (FCC), which is empowered to issue rules and regulations regarding the TCPA, tightened restrictions for automated telemarketing calls. The new regulations required express written consent in order for automated telemarketing calls to be legal.

Spotts argues that the Dream Vacations text messages constitute automated telemarketing texts in violation of the TCPA for a variety of reasons. The Dream Vacations class action states that the text messages are telemarketing because “they encouraged the future purchase or investment in property, goods, or services, i.e., selling Plaintiff travel agency services and/or cruises.”

The Dream Vacations class action claims that the text messages were automatic based on “impersonal and generic nature” of the messages.

Additionally, the messages were sent from short code 797-797 which allegedly indicates that similar messages were sent en masse. Short codes are allegedly used for the “transmission of a large number of SMS messages to and from a short code.”

“Specifically, upon information and belief, Defendant utilized a combination of hardware and software systems to send the text messages at issue in this case,” the Dream Vacations class action claims. “The systems utilized by Defendant have the capacity to store telephone numbers using a random or sequential generator, and to dial such numbers from a list without human intervention.”

Under the TCPA, consumers are able to file legal action and recover compensation ranging between $500 and $1,500 based on whether the violations of the law were negligent or willful.

Spotts seeks to represent a Class of individuals who were sent a text message advertising Dream Vacations services without the recipients express written consent within the last four years.

The Class is estimated to include thousands of consumers who received telemarketing texts from Dream Vacations. The Dream Vacations TCPA class action seeks injunctive relief, actual damages, statutory damages, court costs, and attorneys’ fees.

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

The Dream Vacations TCPA Class Action Lawsuit is Spotts v. Cruises & Tours Worldwide LLC d/b/a Dream Vacations, Case No. 0:18-cv-62976-BB, in the U.S. District Court for the Southern District of Florida.

Join a Free TCPA Class Action Lawsuit Investigation

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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