Lawyer Sues Tootsie's Strip Club Over Rolex Giveaway

6/9/2011 10:22:52 AM

â€‹What is it it with local traffic ticket lawyers and their misadventures at strip clubs? Back in April, Ticket Clinic lawyer Mark S. Gold sued Goldrush strip club, claiming that the establishment got him drunk and made him run up a $18,930 tab. Now, Bret Lusskin, a Ticket Cricket attorney, is suing Tootsie's Cabaret because he claims they lured him in the with the promise of a free Rolex watch, but all he got was annoying text message promotions sent to his phone in return.

On the night of November 25, 2009, Lusskin claims he paid $20 for VIP entrance to Tootsie's Cabaret in Miami Gardens. He was apparently lured there that night with promises of a Rolex giveaway. Tootsie's was running a promotion: give over your cellphone number and be present at the club on that particular night, and you might win the valuable watch. ("Hey, man nice watch? Where'd you get it? Family heirloom?" "Nah, bro, I wont it at a strip club.")

Lusskin didn't win that night, and in the lawsuit describes the giveaway as "a marketing ruse by Defendant in order to obtain MR. LUSSKIN'S and the other participants' cell phone numbers in order that Defendant or its agents could send commercial text messages to Plaintiff and the other participants over and over again."

Lusskin did however get something in return for entering: over 200 text message spams advertising Tootsie's.

Lusskin claims that receiving the messages caused him and other consumers "actual harm," as they're annoying and some phone companies charge you for receiving individual text messages. Lusskin further claims the scheme is illegal because patrons did not know they were signing up for the text messages, and that they violate the Telephone Consumer Protection Act.

So now Lusskin has filed a class-action lawsuit against Tootsie's seeking up to $2,000 in damages for each text message, court costs, and an injunction against Tootsie's owner Rick's Cabaret to stop this form of marketing.

You can read the full lawsuit over at South Florida Lawyers.

http://blogs.miaminewtimes.com/riptide/2…

7 comments

Latest

vincemichaels

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13 years ago

Allrighty!!! Now that's a great lawsuit!!
I hope he wins. I never give my cell # out to any kind of promotion. Now I am truly glad I don't. Unless, I go to Tootsies again when they run another promotion like that and I get to join the class action lawsuit.

Dudester

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13 years ago

This should be slam dunk in front of a jury. Who hasn't been totally annoyed by marketers who won't take no for an answer as in "NEVER EVER call me again." Minutes later-Ring, "I have a wonderful piece of shit offer for you."

Clubber

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13 years ago

And who said lawyers aren't stupid? I would say he has to prove they didn't give away the watch to have any case.

jackslash

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13 years ago

I only go to strip clubs because I hope to get a Rolex. I won't stop going until I win one.

samsung1

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13 years ago

I thought Tootsie's was pretty good with their giveaways doing that wheel spin. I remember reading in one of clubber's reviews about that.

vincemichaels

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13 years ago

Well, samsung1, I never won the wheel spin. I'll just have to return and try it many more times.

Clubber

•

13 years ago

ss1,

At one of the spins, I think I told vm this when we were there, I was sitting at a table when they were passing out the numbers. I was about to take a number from the girl, but a guy came walking back to the table next to be she just left. He asked for a number and instead of taking the one she offered me, I just told her to give it to him. I guess you can figure the number that won the bar tab!

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