Hey TCPAWorld!
Just yesterday, the Czar came across a TCPA complaint against a defendant named Pant Saggin LLC (“PSD”), if you can believe it. See Villaverde v. Pant Saggin, LLC, No. 0:25-cv-61117-AHS (S.D. Fla. June 4, 2025), ECF No. 1. And to make matters even better, Pant Saggin LLC sells underwear, which would presumably be advertised if the wearer’s pants were sagging. I really hope they have a good logo…
Anyway, this case was just removed to my home court, the Southern District of Florida, and raises claims under the Florida Telephone Solicitation Act (“FTSA”).
The allegations are simple. The plaintiff, Amanda Villaverde, is a Broward County resident that allegedly received what she dubs “Text Message Sales Calls” from PSD. Though her language is plural, she provides only one message from 91374:
PSD: Don’t settle for only one pair!
Shop PSD 3 Packs to save big on your new favorite underwear!
Cop your 3 Pack now ->
Predictably, when the plaintiff called 91374, the call could not be completed.
Therefore, the plaintiff claims that PSD violated the FTSA’s Caller ID Rules, Fla. Stat. § 501.059(8)(b). This statute dictates that if a telephone number is provided through caller ID because of a telephonic sales call, “the solicitor must ensure that telephone number is capable of receiving telephone calls and must connect the original call recipient, upon calling such number, to the telephone solicitor or to the seller on behalf of which a telephonic sales call was placed.” Id. Accordingly, the plaintiff claims that because she received “PSD Text Message Sales Calls” from a number that was incapable of receiving telephone calls, PSD violated the FTSA.
On these bases, the plaintiff seeks to represent the following class:
All persons and entities that reside in Florida whose caller identification service was transmitted a telephone number that was not capable of receiving telephone calls when PSD Text Message Sales Calls were made to them since July 1, 2021.
That’s right, there is supposedly a whole Pant Saggin class.
There are two key takeaways. First, companies sending outbound text messages to Florida consumers should ensure that the number listed on caller ID is capable of receiving telephone calls and connecting to either the company itself or the agent sending the text on its behalf. And second, pant sagging can be marketing for underwear. Do with that information what you will.
Until next time.