Spam Text Suit Against Digital Media Solutions Can Proceed

Feb. 6, 2023, 8:43 PM UTC

Digital Media Solutions Inc. must face a pro se plaintiff’s proposed class action alleging it sent telemarketing texts to consumers in violation of the Telephone Consumer Protection Act, a federal court ruled.

Todd C. Bank, a New York-licensed attorney representing himself, alleged Digital Media sent five unsolicited texts to his cell phone in November 20221 using an automated telephone dialing system.

Digital Media argued Bank didn’t provide facts to support his claim that it used an automated system to send the messages, but Judge Eric R. Komitee of the US District Court for the Eastern District of New York said ...

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