Chain of ‘Med-Spas’ Is Alleged to Harm ‘Thousands’ via Unwanted Texts
Defendant Vio Franchise Group, which operates a chain of “med-spas,” promotes its products and services with unsolicited telemarketing texts, “harming thousands of consumers in the process,” alleged Brandon Weitz’s Telephone Consumer Protection Act class action Thursday (docket 1:23-cv-01231) in U.S.…
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District Court for Eastern Ohio in Cleveland. Miami-Dade County, Florida, resident Weitz began receiving Vio’s telemarketing text messages April 2 on his cellphone without opt-out instructions, said his complaint. When he responded by manually texting a message asking not to be contacted again, Vio replied “within seconds” with “an automated opt-out confirmation text,” it said. The text messages nevertheless continued, it said. Vio’s unsolicited text messages caused Weitz “actual harm, including invasion of his privacy, aggravation, annoyance, intrusion on seclusion, trespass, and conversion,” it said. The texts also “inconvenienced” him “and caused disruption to his daily life,” it said. Weitz seeks actual and statutory damages for himself and each member of his proposed class, plus an order declaring Vio’s actions violate the TCPA. He also seeks an injunction requiring Vio “to cease all unsolicited text messaging activity," and is demanding a jury trial, said his complaint. Vio, headquartered in Cuyahoga County, Ohio, didn’t comment Friday.