Texas Medical Spa Ignores Text Solicitation Opt Outs, Class Action Alleges

Lifespan Euro Med Spa, a medical spa and salon in Sugar Land, Texas, engages in unsolicited text messaging promoting its products and services, and sends text messages to U.S. consumers after they have opted out of those solicitations, alleged Florida resident Heather Villanueva's Telephone Consumer Protection Act class action Friday (docket 5:24-cv-00150) in U.S. District Court for Middle Florida in Ocala. In addition, Lifespan engages in telemarketing without the required policies and procedures or proper training of its telemarketing personnel, said the complaint. Lifespan texted and subsequently called Villanueva's cellphone for the first time Jan. 21, and she “explicitly" asked that the company stop contacting her, the class action said. She submitted a second opt-out request in February, but the company “ignored” both, it said. In sum, Lifespan sent the plaintiff more than 10 marketing text messages after her initial opt-out request Jan. 21, said the complaint. More than five of those marketing text messages were sent after Villanueva's second opt-out request, said the complaint. The defendant’s refusal to honor Villanueva's opt-out requests demonstrates that Lifespan hasn’t instituted procedures “for maintaining a list of persons who request not to receive text messages,” it said. “The precise details regarding its lack of requisite policies and procedures” are solely within Lifespan’s “knowledge and control,” it said.