Class Action Seeks to Halt Luxestone Text Messages Under TCPA, Okla. Law
Plaintiff Christine Williams seeks injunctive relief to stop Rhino Guard, owner of the Luxestone tech products brand, from violating the Telephone Consumer Protection Act and Oklahoma’s Telephone Solicitation Act by sending multiple telemarketing text messages to her cellphone, said her…
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class action Thursday (docket 5:23-cv-01142) in U.S. District Court for Western Oklahoma in Oklahoma City. The text messages, to a phone number that Williams listed on the national do not call registry in July 2003, “constitute telemarketing because they encouraged the future purchase or investment in property, goods, or services -- in this case, workout equipment,” said the complaint. At no point in time did Williams provide Luxestone with her express written consent to be contacted, nor does she have any existing business relationship with the company, it said. The Oklahoma County resident also “never signed any type of authorization” permitting or allowing the placement of text messages “using an automated system for the selection and dialing of telephone numbers,” it said. Luxestone’s unsolicited text messages caused Williams “actual harm,” including invasion of her privacy, aggravation, annoyance, intrusion on seclusion, trespass and conversion, it said. The text messages also inconvenienced Williams “and caused disruption to her daily life,” it said.