A class-action lawsuit accusing a weight-loss firm of wasting a woman’s time with a marketing email has been closed.
The suit, filed in September by Felicia Wriley against Quick Weight Loss Centers LLC, was voluntarily withdrawn on Oct. 3 after U.S. Judge Ursula Ungaro demanded proof of Wriley’s domicile in the area to establish jurisdiction and set an Oct. 10 deadline.
It was not known at deadline whether attorneys planned to file in another jurisdiction. Attorneys had not answered queries at deadline.
The suit, alleging violations of Florida’s Electronic Mail Communications Act, was unusual in one respect.
Most class-action suits over email marketing allege privacy violations or fraud.
Wriley does charge that she was sent the email without permission — she was not a customer of the firm — and that the subject line was misleading.
It said: "DON'T MISS OUT....FREE PROGRAM,” while the body copy offered a $399 program, the complaint states.
But Wriley also claims “actual harm including lost productivity and resources, annoyance, and consumption of valuable digital storage space.”
In a trial, the plaintiff presumably would have to establish a value for those resources
The suit, filed with the U.S. District Court for the Southern District of Florida, sought damages of $500 for each unsolicited email sent.
According to the complaint, Quick Weight Loss Centers has over 40 centers in Florida and Texas.