Palm Beach Tan must face unsolicited text message class action

Update:

• A California judge ordered Palm Beach Tan Inc. must face a class action lawsuit alleging the company sent repeated unsolicited sales text messages to a consumer number despite him opting out of the messages and being part of the National Do Not Call Registry.
• On Sept. 13, U.S. District Judge William Osteen Jr. adopted a magistrate judge’s recommendation that there is “clear authority” granting private citizens a right of action for Federal Communications Commission regulation violations and the lawsuit could proceed.
• Plaintiff Alex Hudson says he replied “stop” multiple times after receiving the Palm Beach Tan text messages, but the company continued to send the messages regardless, according to the lawsuit. 
• The text messages were a violation of the Telephone Consumer Protection Act, according to the lawsuit.

Palm Beach Tan class action overview: 

• Who: Plaintiff Alex Hudson filed a class action lawsuit against Palm Beach Tan Inc. 
• Why: Hudson claims that Palm Beach Tan sent numerous unsolicited sales text messages to a number that opted out and was on the National Do Not Call Registry.
• Where: The Palm Beach Tan class action applies across the United States.

(June 22, 2023)

Plaintiff Alex Hudson filed a class action lawsuit against Palm Beach Tan Inc., claiming the company sent repeated unsolicited sales text messages to his number despite opting out of the messages and being part of the National Do Not Call Registry.

Hudson replied “stop” multiple times after receiving the Palm Beach Tan text messages, but the company continued to send the messages regardless, according to the lawsuit. The text messages were a violation of the Telephone Consumer Protection Act (TCPA), according to the lawsuit.

“In addition to using Plaintiff’s telephone data, phone storage, and battery life, Plaintiff’s privacy was wrongfully invaded, and Plaintiff has become understandably aggravated with having to deal with the frustration of repeated, unwanted text messages, forcing Plaintiff to divert attention away from other activities,” the Palm Beach Tan class action states.

Class includes all who are on the national registry, opted out and still received Palm Beach Tan texts

The proposed Palm Beach Tan class includes those who are on the National Do Not Call Registry, received more than one text message from the company in a year after being on the registry for more than 30 days and the company sent to unsolicited messages to purchase services without prior consent.

The class is asking for injunctive relief, along with $500 in damages for each violating text message and $1,500 for each violating text message that was sent as a willful and/or knowing violation, as well as attorneys’ fees and any available further relief.

Margaritaville Enterprises, Gerber Life Insurance, Highmark Health Options and Montway all faced class action lawsuits claiming the company’s text message or phone call marketing tactics violated the TCPA.

Have you received text message marketing from Palm Beach tan? Let us know in the comments.

The plaintiff is represented by Lawrence B. Serbin of The Law Offices of Jason E. Taylor PC, and Sergei Lemberg of Lemberg Law LLC.

The Palm Beach Tan text messages class action is Hudson, et al. v. Palm Beach Tan Inc., Case No. 1:23-cv-00486, in the U.S. District Court for the Middle District of North Carolina.

Read About More Class Action Lawsuits & Class Action Settlements:

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• Office Depot class action claims retailer sends unsolicited text messages after opt-out
• AT&T class action alleges co. sends unsolicited text messages