Allegations of Noncompliance and Lack of Policy
Roush’s complaint argues that the continued text messages suggest Shark Tank Group lacks a structured opt-out policy, proper employee training, or a system for maintaining a do-not-contact list.
“Any consent Roush may have given in the past was revoked with the ‘STOP’ message,” the complaint states, emphasizing that Shark Tank Group should have legally ceased all communications after his initial request.
Class-Action Scope and Legal Demands
Roush is seeking to represent two classes of plaintiffs:
- All U.S. residents who continued receiving text messages from Shark Tank Group after opting out.
- Individuals on the National Do Not Call Registry who still received marketing messages from the company.
The lawsuit seeks statutory damages under the TCPA, as well as an injunction to prevent Shark Tank Group from continuing its current marketing practices.
Legal Teams and Next Steps
Roush is represented by attorney Ignacio J. Hiraldo of IJH Law. As of Wednesday, representatives for Shark Tank Group have not responded to requests for comment, and legal counsel for the company remains unknown.
As the lawsuit progresses, it could set a precedent for businesses using mass text messaging for marketing, particularly in industries like cannabis, where direct advertising is often restricted. If Shark Tank Group is found liable, it may face significant penalties, reinforcing the need for companies to rigorously comply with opt-out requests and federal consumer protection laws.
