In a federal lawsuit against the company, Gaffin, who said he once used the company's services, says he never consented to let the company send him text messages, as required by the FCC, and that he had registered his phone with a national Do Not Call registry more than ten years ago. So he says he was surprised to get text messages from the company, via an automated service, on April 10 and April 12, offering an alleged $999 deal for "former clients."
Lopez says he got similar messages on his phone.
"The calls were an annoying, harassing nuisance," their complaint says, adding, "The calls occupied their cellular telephone lines, rendering them unavailable for legitimate communication."
The two are seeking up to $1,500 for each message - and the right to be lead plaintiffs in a class-action suit against the company, according to their complaint, filed in US District Court in Boston this week by their three attorneys.