A Florida woman is suing David’s Bridal, America’s largest bridal store chain, claiming she was inundated with automated text messages even though she never gave consent to receive them.
The class-action lawsuit was filed by Cheri Aul’s attorneys in Pinellas County, Florida in September 2021. According to court documents shared with Fox News, Aul began to receive at least 50 automated text messages from David’s Bridal from April 2021 to September 2021.
Aul claims she never gave them permission to send her messages, and replied “STOP” to the automated text messages. She would receive confirmation messages each time that she had opted out, yet the unwanted texts continued.
The lawsuit argues that automatic dialing devices are illegal, due to the new Florida Telephone Solicitation Act which does not allow telemarketers to use such technology without written permission.
However, David’s Bridal responded with a motion to dismiss the lawsuit on January 12, arguing that the FTSA "singles out one specific type of speech,” a telephonic sales call regarding “consumer goods or services,” and is therefore unconstitutional by violating the first amendment.
Speaking to The Independent, Aul’s attorney Billy Howard said he hoped the lawsuit sent a message to all companies sending telemarketing texts and calls.
“This isn’t a case about a runaway bride, it’s about runaway texts,” said Howard. “My client was a little annoyed when she got a couple texts from David’s Bridal but became really annoyed when she asked them to stop and then got bombarded.”
Howard explained that Florida’s new FTSA law allows up to $1,500 for every telemarketing text received without a recipient’s written permission. “Follow the law or pay $1,500 per call,” said Howard.
The Independent has reached out to the lawyers representing David’s Bridal for comment.
