$14M HelloFresh telemarketing settlement scrapped over class fairness

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Update: 

• Eligible HelloFresh consumers will no longer receive $89 class action rebate checks after the First Circuit threw out a $14 million class action settlement with the meal kit delivery company.
• In an opinion issued Dec. 16, the three-judge appellate panel ruled that members of the approved single settlement class fell into three distinct groups so could not be treated as one.
• The settlement was originally approved to settle claims HelloFresh called millions of people who did not want to be called advertising their meal kits.
• However, the First Circuit ruled that the settlement class members fall into three distinct groups that weren’t recognized: those who claimed to have received unauthorized autodialed marketing calls, those whose names were listed on the National Do-Not-Call registry and those who had explicitly asked HelloFresh to not call them again.

HelloFresh marketing calls TCPA class action settlement overview:

• Who: A federal judge has issued final approval in the HelloFresh class action settlement. 
• Why: Meal-kit company HelloFresh has agreed to pay $14 million to end allegations it peppered thousands of consumers with unwanted marketing calls.
• Where: Class Members include consumers nationwide who received a HelloFresh marketing call.

(Oct. 20, 2021)

More than 100,000 people are one step closer to seeing $89 class action rebate checks from HelloFresh after a $14 million class action settlement with the meal-kit delivery company got final approval from a federal judge. 

On Oct. 15, Massachusetts federal judge William G. Young filed his final approval order for the deal, which settles claims HelloFresh called millions of people who did not want to be called with meal-kit advertisements.

“Upon review of the record the Court hereby finds that the Settlement Agreement is, in all respects, fair, adequate and reasonable and therefore approves it,” the order states.

HelloFresh TCPA Class Action Settlement

The $14 million settlement in the class action lawsuit that claimed HelloFresh’s marketing calls violated the Telephone Consumer Protection Act (TCPA) was reached in February. 

It benefits anyone in the United States who was called by HelloFresh, either directly or through a third party, from Sept. 5, 2015, to Dec. 31, 2019. 

Court documents from April said 4.8 million Class Members were notified, and of those people, 100,433 filed timely claims, Law360 reports. The final settlement orders HelloFresh to set up a fund in which each member of the Class will receive at least $89, and some more.

In addition, Judge Young awarded service payments of $10,000 for the two named plaintiffs who brought the class action forward. Another seven named plaintiffs will receive service awards between $2,000 and $5,000.  

HelloFresh is a meal service that delivers recipes and pre-portioned ingredients to subscribers’ homes.

The class action lawsuit alleged the company made unsolicited marketing calls using an automated dialing system, called numbers on the National Do Not Call Registry, and called numbers of consumers who had previously asked not to be called.

Lead plaintiff Grace Murray said her telephone number has been on the National Do Not Call Registry since January 2006. She claimed she signed up for a HelloFresh trial subscription in late 2015 or early 2016, but ended the trial after receiving one meal delivery. 

However, Murray said, she began receiving marketing calls from HelloFresh in 2018, urging her to sign up for the meal delivery service once again.

She said she explained to the callers she was not interested in re-purchasing the service and specifically asked to be placed on HelloFresh’s internal do-not-call list. Despite this action, the HelloFresh marketing calls allegedly continued. Murray estimates she received at least 15 such calls.

HelloFresh denies all allegations of wrongdoing but agreed to a settlement in order to avoid ongoing and costly litigation.

Have you had unsolicited marketing calls from a company? To learn more about a telemarketing investigation click here (links to paid attorney advertisement).  

The plaintiffs are represented by Anthony I. Paronich of Paronich Law P.C., Samuel J. Strauss of Turke & Strauss LLP, and Stacey Slaughter and Brenda L. Joly of Robins Kaplan LLP.

The HelloFresh TCPA Class Action Lawsuit is Murray v. Grocery Delivery E-Services USA Inc., Case No. 1:19-cv-12608, in the U.S. District Court for the District of Massachusetts. 

Read About More Class Action Lawsuits & Class Action Settlements:

• HelloFresh Telemarketing Phone Calls $14M Class Action Settlement
• HelloFresh and Consumers Call on Court to Settle Class Action Lawsuit for $14M
• Telemarketing Lawsuit Claims Hello Fresh Violated the TCPA
• LA Pot Shop Accused of Text Spam In Class Action Lawsuit