A major corporation is facing legal action over alleged violations of Florida's Caller ID Rules. On September 4, 2024, Asher Walli filed a complaint in the Circuit Court of the Sixth Judicial Circuit in Pinellas County, Florida, against The Yankee Candle Company, Inc.
The lawsuit centers on allegations that The Yankee Candle Company violated the Florida Telephone Solicitation Act (FTSA) by transmitting telephonic sales calls with caller identification numbers that were not capable of receiving return calls. According to the complaint, these actions contravene Fla. Stat. § 501.059(8)(b), which mandates that any telephone number transmitted during telephonic sales calls must be able to receive incoming calls. Walli's filing includes claims for injunctive and declaratory relief as well as damages.
The plaintiff alleges that between November 12 and November 26, 2022, he received multiple text message sales calls from The Yankee Candle Company promoting various sales and offers. Each of these messages included a caller ID number "926533" which could not receive incoming calls when dialed back by Walli. This inability to connect back violates the FTSA’s Caller ID Rules, which are designed to ensure transparency and accountability in telephonic sales practices.
Walli's complaint underscores the importance of these regulations: "The Caller ID Rules are a critical provision of the FTSA that are designed to ensure that when Telephonic Sales Calls are made, the phone number transmitted to the recipient’s Caller ID service can be both viewed and called back by the consumer." The plaintiff contends that The Yankee Candle Company's failure to comply with these rules constitutes a significant breach of consumer protection laws.
In his filing, Walli seeks $500 in liquidated damages for each violation of the FTSA’s Caller ID Rules. Additionally, he requests an injunction requiring The Yankee Candle Company to transmit valid caller identification numbers capable of receiving telephone calls in future telephonic sales communications. Walli also demands a declaration from the court affirming that The Yankee Candle Company's actions violated state law.
Representing Walli are attorneys Joshua A. Glickman and Shawn A. Heller from Social Justice Law Collective, PL based in Dunedin, Florida. The case has been assigned Case Number 24-003969-CI.