A nationwide class action lawsuit alleging violations of federal text messaging law has been filed in the United States District Court for the Southern District of Florida against one of the world's premier Latin dance cruises, Aventura Dance Cruise.  The lawsuit claims that Aventura Dance Cruise's text message advertising campaign was conducted in violation of the Telephone Consumer Protection Act ("TCPA").

What were the practices that gave rise to the text messaging law violation allegations?

The TCPA text messaging complaint alleges that Aventura Dance Cruise violated the TCPA by sending out text message advertisements without the consent of the recipients and that such text messages were sent en masse using an automatic telephone dialing system.  Despite alleging receipt of only two text messages, the plaintiff is seeking to represent a nationwide class of individuals who received text messages sent by or on behalf of Aventura Dance Cruise at any point in the last four years.  While the plaintiff also purports to identify the text messaging platform allegedly used by Avenutra Dance Cruise to conduct the text messaging campaign, the company that hosts the platform has not yet been named in the lawsuit.

Maintain Your Business' Compliance with Text Messaging Law

We have written extensively about increased interest (from regulators and class action attorneys alike) in telemarketing calls and text messages placed to cell phones.  The lawsuit against Aventura Dance Cruise should reinforce the notion that in today's regulatory environment, it is imperative to have telemarketing practices and procedures examined by experienced counsel in order to avoid potentially disastrous consequences in the event that a class action plaintiff or federal regulator brings a TCPA lawsuit for alleged telemarketing-related violations.

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