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Plaintiff Alleges Technology Company Violated Consumer Protection Laws with Misleading Caller IDs

FLORIDA RECORD

Thursday, January 9, 2025

Plaintiff Alleges Technology Company Violated Consumer Protection Laws with Misleading Caller IDs

State Court
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6th Judicial Circuit of Florida Pinellas County | Official Website

In a significant legal development, a class action lawsuit has been filed against a major technology company for allegedly violating consumer protection laws related to telephonic sales calls. The complaint was lodged by Anamaria Duarte on November 30, 2024, in the Circuit Court of the Sixth Judicial Circuit in Pinellas County, Florida, targeting LED Technologies Incorporated.

The lawsuit claims that LED Technologies Incorporated breached the Florida Telephone Solicitation Act (FTSA) by failing to comply with Caller ID Rules during their telephonic sales activities. According to the plaintiff, Anamaria Duarte, these rules are designed to ensure transparency and accountability in telemarketing practices by requiring that any phone number transmitted during such calls must be capable of receiving return calls. Duarte alleges that LED Technologies transmitted numbers that could not receive incoming calls when sending promotional text messages since July 1, 2021. This practice is said to have undermined consumer rights and protections intended by the FTSA.

Duarte's complaint highlights specific instances where she received text message solicitations from LED Technologies promoting discounts on products like the Lux Sonique. These messages included phone numbers that were not operational for receiving return calls, which Duarte argues is a direct violation of statutory requirements. "Whenever Telephonic Sales Calls are made without the transmission of a telephone number that is capable of receiving telephone calls, the Caller ID Rules have been violated," states the complaint.

The plaintiff seeks both injunctive relief and damages through this legal action. Specifically, Duarte requests liquidated damages amounting to $500 per violation for herself and other similarly affected individuals as part of a proposed class action suit. Additionally, she seeks an injunction compelling LED Technologies to adhere strictly to Caller ID regulations in future communications.

This case underscores ongoing concerns about privacy and consumer rights in an era dominated by digital communication and marketing strategies. By pursuing this lawsuit as a class action under Florida law, Duarte aims to represent potentially hundreds of individuals who may have experienced similar violations at the hands of LED Technologies.

Representing Anamaria Duarte are attorneys Joshua A. Glickman and Shawn A. Heller from Social Justice Law Collective PL based in Dunedin, Florida. The case is presided over by judges within the Sixth Judicial Circuit under Case Number 24-005234-CI.

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