Magaritaville, Plaintiff Agree to Dismiss TCPA Claims for Illegal Texting
Plaintiff Racheal Paul and defendant Margaritaville Enterprises stipulate to the dismissal of Paul’s class action with prejudice of her individual claims and without prejudice “as to any other member of the putative class’s right to bring claims,” said their stipulation…
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of dismissal Wednesday (docket 6:23-cv-00223) in U.S. District Court for Middle Florida in Orlando. Each party will bear its own attorneys’ fees and costs, it said. Paul alleged Margaritaville unlawfully sends telemarketing text messages without consent to consumers who listed their numbers on the national do not call registry and to those who specifically asked the company to stop texting them (see 2303210003). Paul listed her cellphone number on the DNC registry in April 2014, yet she alleges receiving at least two text solicitations offering her a free appetizer if she visited a Margaritaville restaurant.