Adam & Eve Seeks Dismissal of TCPA Claims, Says Plaintiff ‘Opted In’ for Texts

Plaintiff Lisa Remus’ Telephone Consumer Protection Act claims against Adam & Eve should be dismissed because she “actually opted in” to receiving text messages from the adult products distributor, said its motion to dismiss Friday (docket 4:23-cv-10054) in U.S. District Court for Southern Florida in Key West. Remus’ first amended class action June 14 alleged Adam & Eve sent her unsolicited text messages despite her cellphone number being listed on the national do not call registry. But Remus, in addition to opting in to receive the text messages, agreed any dispute with the company about the texts would be subject to arbitration and that no class actions would be permitted, said the motion.