Weight Loss Firm Violates TCPA by Ignoring DNC Requests, Alleges Class Action

Sunrise Health violates the Telephone Consumer Protection Act by sending telemarketing text messages promoting its weight loss services to Margo Simmons and other putative class members after they requested to no longer receive such communications, alleged Simmon’s class action Wednesday (docket 4:24-cv-02023) in U.S. District Court for Northern California in Oakland. Simmons replied “stop” to the Sunrise text messages she began receiving March 9, but the messages kept coming, said her complaint. To engage in telemarketing, a company’s do not call list procedures must satisfy six specific minimum requirements under the TCPA, it said. Those include, maintaining an internal DNC list; training personnel about the existence and use of the internal DNC list; and recording DNC requests and complying with them, it said. If a company fails to satisfy any one of those requirements, it’s not entitled to engage in telemarketing, and violates the law by doing so, “regardless of whether it satisfies all of the regulation’s other requirements,” said the complaint. Simmons and the class have been harmed by Sunrise’s acts “because their privacy has been violated and they were annoyed and harassed,” it said.