ORLANDO – A Florida man alleges a restaurant group has been sending him unsolicited text messages.
Mark Preman filed a class-action lawsuit
on March 17 in the U.S. District Court for the Middle District of Florida, Orlando Division against
Pollo Operations Inc., citing violations of the Telephone Consumer Protection Act.
According to the complaint, the plaintiff alleges that he suffered actual harm, including aggravation and nuisance, from receiving unwanted text messages from the defendant and the costs charged by his wireless provider. The plaintiff holds Pollo Operations Inc. responsible because the defendant allegedly repeatedly sent unsolicited text messages using an automatic telephone dialing system without his permission.
The plaintiff seeks the following: compensation for damages for each and every text message; injunctive relief prohibiting future violations of the TCPA; an order certifying that this is a class action suit and appointing him as class representative. He is represented by Jonathan B. Cohen and John A. Yanchunis of Morgan & Morgan Complex Litigation Group in Tampa.
U.S. District Court for the Middle District of Florida, Orlando Division Case number 6:16-cv-00443