Margaritaville class action claims company sends unsolicited telemarketing text messages

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Margaritaville class action lawsuit overview:

• Who: Plaintiff Racheal Paul has filed a class action lawsuit against Margaritaville Enterprises LLC.
• Why: Margaritaville allegedly sent her unsolicited telemarketing text messages even though her number was listed on the National Do Not Call Registry and she had never done business with the company.
• Where: The Margaritaville class action lawsuit was filed in Florida federal court.

Margaritaville Enterprises LLC sends telemarketing text messages to consumers without their consent, according to a class action lawsuit filed Feb. 8 in Florida federal court.

Plaintiff Racheal Paul says she registered her cell phone on the National Do Not Call Registry so that she would not receive unsolicited telemarketing calls and text messages.

However, Paul says she received two unsolicited Margaritaville telemarketing text messages on Jan. 29. She never signed up to receive text messages from the hospitality company, according to the Margaritaville class action lawsuit.

In response to the unwanted Margaritaville text messages, Paul reportedly texted “Stop” to the text messages. Despite this indication that she wanted to opt out of further Margarita telemarketing texts, Margaritaville allegedly continued to send her unwanted text messages.

Paul says she has never done business with Margaritaville and has never given the company her cell phone number, yet she allegedly received a total of six unsolicited Margaritaville telemarketing text messages.

Margaritaville telemarketing texts violate TCPA, plaintiff says

The Margarita telemarketing text messages allegedly caused Paul to suffer “annoyance, nuisance, and invasion of privacy, and disturbed the use and enjoyment of her phone, in addition to the wear and tear on the phone’s hardware (including the phone’s battery) and the consumption of memory on the phone,” the Margaritaville class action lawsuit states.

Paul says these unwanted Margaritaville telemarketing texts violate the Telephone Consumer Protection Act (TCPA), which prohibits companies from sending unsolicited telemarketing texts to phone numbers listed on the National Do Not Call Registry.

She has filed the Margaritaville class action lawsuit on behalf of herself and a proposed class of other consumers in the United States who received more than Margaritaville telemarketing call or text within a one-year period even though their number was listed on the National Do Not Call Registry for at least 30 days.

She also seeks to represent a proposed class of consumers who continued to receive Margaritaville text messages after they requested the communications to stop.

Gerber Life Insurance is also facing a class action lawsuit that claims it made unsolicited telemarketing calls to phone numbers listed on the National Do Not Call Registry.

Have you received unsolicited Margaritaville telemarketing text messages? Tell us about your experience in the comments!

Paul is represented by Stefan Coleman of Coleman PLLC and Avi R. Kaufman of Kaufman PA.

The Margaritaville telemarketing class action lawsuit is Racheal Paul v. Margaritaville Enterprises LLC, Case No. 6:23-cv-00223, in the U.S. District Court for the Middle District of Florida.

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