- David’s Bridal is being sued by a woman who claims it sent her unsolicited marketing messages.
- Cheri Aul claimed she received “at least 50 messages” last year despite trying to unsubscribe.
- The bridalwear company recently filed a motion to dismiss the suit.
A Florida woman is suing David’s Bridal, alleging she was inundated with automated text messages from the store, even though she never gave consent to receive them.
In September 2021, Cheri Aul, from Tampa Bay, filed the lawsuit in Pinella County against the bridalwear company. Fox News reported that David’s Bridal countered the suit by filing a motion to dismiss it last month.
According to court documents shared with Insider, Aul claimed she received several robotexts from the store between April 2021 and September 2021.
She had gotten “at least 50 messages” during that time period, even though she never gave the store her consent.
The lawsuit claims the messages violated Aul’s statutory rights and caused “annoyance, nuisance, and invasion of [her] privacy.”
David’s Bridal did not immediately respond to Insider’s request for comment.
Aul claimed that the chain’s alleged actions violated the Florida Telephone Solicitation Act, which bans telemarketers from trying to sell consumer goods via call, text, or voicemail without consumer consent.
She is seeking $500 in damages for each unsolicited message sent by the store to her and other Floridians in the same situation, per the lawsuit.
“My client wants to send a message to telemarketers that if they want to send texts or robocalls to people in our beautiful state of Florida then they better follow the law and get written permission,” Billy Howard of the Consumer Protection Firm, which is representing Aul, told Insider.
After every automated text received, court documents state that Aul would reply “STOP” to a different number provided by the store as part of their instructions to unsubscribe from receiving the promotional messages. Despite her efforts, she still continued to receive them.
David’s Bridal, however, refuted the claims earlier this year, according to Fox News. In a motion to dismiss the suit, lawyers representing the bridalwear company said the previous owner of the phone number did provide consent. It added that it was unaware of any change of ownership.
The company further claimed that she did not follow instructions to unsubscribe from store texts properly.
“While most people would simply text ‘STOP’ to cease these messages, Plaintiff did not do so,” defense attorneys stated, per Fox News.
They added: “Instead, she communicated with a different David’s Bridal number, immediately took screenshots of those communications, then turned around and sued David’s Bridal for allegedly invading her privacy rights.”