Food Delivery Company Seeks Dismissal of GrubHub TCPA Lawsuit

The popular online food delivery company GrubHub has asked the court to toss a proposed class action GrubHub TCPA lawsuit it currently faces.

The GrubHub TCPA lawsuit, filed in the U.S. District Court for the Northern District of Illinois, alleges that the delivery service sent out unwanted and unauthorized text messages to consumers, in violation of the TCPA.

These text messages were not limited to customers of the company, the GrubHub TCPA lawsuit notes, but were sent to non-customers as well.

The company is currently trying to get the GrubHub TCPA lawsuit dismissed, claiming that it contains fundamental legal flaws.

Plaintiff Nicholas A., a Colorado resident, filed his GrubHub TCPA lawsuit back in February. He alleges that GrubHub began sending him a continuous stream of texts last year, informing him that his food was nearly done.

Here’s the catch: Nicholas says he had never signed up for GrubHub or ordered anything through the service. Nevertheless, the texts from GrubHub continued, the TCPA lawsuit alleges.

Not only were the texts annoying, but caused actual damage: they “drained plaintiff’s phone battery and caused plaintiff additional electricity expenses and wear and tear on his phone and battery, Nicholas noted in his GrubHub TCPA lawsuit.

This is not the first time the food-ordering company has been hit with such a claim. A similar GrubHub TCPA lawsuit was filed last year and came to a settlement agreement.

TCPA Basics

The Telephone Consumer Protection Act, or TCPA, was introduced back in 1991. The TCPA was intended to protect consumers from unwanted solicitation through technology.

The Telephone Consumer Protection Act has always focused on the placement of unwanted phone calls, or the use of an auto dialer or pre-recorded messaging system to contact consumers who have not given their explicit permission to receive such calls.

However, as new technology such as cell phones has emerged, the TCPA has further expanded to include text messaging as well as traditional phone calls.

Reporting TCPA Violations

According to the Federal Communications Commission, or FCC, reports of TCPA violations are extremely common—indeed, the FCC received more than 215,000 individual TCPA complaints in 2014 alone. Reporting TCPA violations may reward consumers with a set amount of award money per individual violation.

If you have received unwanted phone calls or texts from a company without having given prior express permission, or after placing your name on a federal Do Not Call list, you may be in a position to receive compensation per violation.

In order for your TCPA claims to be most effective, you will need proof of these violations. Keep messages and phone records of the unwanted solicitation calls placed to your phone.

Join a Free TCPA Class Action Lawsuit Investigation

If you were contacted on your cell phone by a company via an unsolicited text message (text spam) or prerecorded voice message (robocall), you may be eligible for compensation under the Telephone Consumer Protection Act.

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