Falcon, Indira vs Albee Baby Carriage Co Inc

This is a class action under the Florida Telephone Solicitation Act (“FTSA”), Fla.

Stat. § 501.059, as amended by Senate Bill No. 1120.!

Defendant engages in telephonic sales calls to consumers without having secured

prior express written consent as required by the FTSA.

Defendant’s telephonic sales calls have caused Plaintiff and the Class members

harm, including violations of their statutory rights, statutory damages, annoyance, nuisance, and

invasion of their privacy.

' The amendment to the FTSA became effective on July 1, 2021.

4

9/21/2021 8:54 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 14. Through this action, Plaintiff seeks an injunction and statutory damages on behalf

of herself and the Class members, as defined below, and any other available legal or equitable

remedies resulting from the unlawful actions of Defendant.

PARTIES

Plaintiff is, and at all times relevant hereto was, a citizen and resident of

Hillsborough County, Florida.

Plaintiff is, and at all times relevant hereto was, an individual and a “called party”

as defined by Fla. Stat. § 501.059(1)(a) in that he was the regular user of cellular telephone number

that received Defendant’s telephonic sales calls.

Defendant is, and at all times relevant hereto was, a foreign corporation and a

“telephone solicitor” as defined by Fla. Stat. § 501.059(f). Defendant maintains its primary place

of business and headquarters in New York, New York.

Causes of Action

the cause of action accrued in this County.