I recently shared news about a class action lawsuit against the Burning Man Project, filed in the Southern District of Florida under the Telephone Consumer Protection Act (TCPA).
As of yesterday, however, Judge Altman has accepted the Plaintiff’s Notice of Voluntary Dismissal, which means that all claims against the Burning Man Project have been dismissed with prejudice.
Change of Defendant
On the same day as this ruling, the Plaintiff introduced an amended complaint, now targeting a new defendant: Harm Reduction Circle.
This revised complaint is similar to the initial one, alleging that Harm Reduction Circle sent two text messages to the Plaintiff’s personal cell phone on July 21, 2023, at 9:04 PM.
The first message contained an image featuring a Burning Man Project stamp along with information about NARCAN bulk packs, intended for the safety of festival attendees.
The second message urged recipients to keep Narcan in their first aid kits and offered discounts for orders made by Burners.
Claims of Unsolicited Messages
The Plaintiff maintains that he uses his phone exclusively for personal matters and considers these messages to be unsolicited promotional content.
He points out that he never consented to receive such communications after 9 PM, claiming that they disrupt his peace and quiet.
Legal Allegations
In the complaint, the Plaintiff accuses Harm Reduction Circle of infringing upon specific provisions of the TCPA, referencing 47 U.S.C. § 227(c) and 47 C.F.R. § 64.1200(c) for sending those text messages outside of acceptable hours.
Additionally, he has put forth a proposed class definition that includes any individuals in the United States who received more than one marketing text message from the Defendant or on its behalf in a 12-month period within the last four years, specifically those messages sent during prohibited hours.
Source: Natlawreview