Edible Arrangements Class Action Says Text Messages Violate TCPA

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Edible Arrangements International LLC is facing a class action lawsuit that alleges the company’s practice of sending commercial text messages to consumers who have said they don’t want to receive such messages violates the Telephone Consumer Protection Act.

Plaintiff Nicole Rando filed the Edible Arrangements class action lawsuit this week in New Jersey federal court.

She alleges she consented to receive automated commercial text messages from Edible Arrangements in December 2016, but later withdrew her consent to receive further texts from the company.

Rando asserts that the TCPA allows consumers to revoke their consent to receive communications from a company “by any reasonable method.” Further, she states that the Federal Communications Commission has ruled that a company cannot “designate the exclusive means by which consumers must revoke consent.”

According to the TCPA class action lawsuit, Rando notified Edible Arrangements multiple times via text message to inform the company that she no longer wanted to receive the commercial communications.

Rando says she sent the following text messages to Edible Arrangements: “Take my contact info off please,” “I want to confirm that I have been removed off your contacts,” and “I asked to be removed from this service a few times. Stop the messages.”

Despite these requests, Edible Arrangements continued to send commercial text messages to Rando, the TCPA class action lawsuit states.

“Notwithstanding Plaintiff’s unequivocal demand that such text messages cease, Defendant refused to stop sending texts to Plaintiff, claiming that the only way that Plaintiff could withdraw her consent to receive unwanted texts from Defendant was to text ‘STOP’ to Defendant,” the Edible Arrangements class action lawsuit states.

Rando argues that Edible Arrangements has violated the TCPA by designating an exclusive means by which consumers can revoke consent from receiving the commercial text messages.

By filing the TCPA class action lawsuit, Rando seeks to represent anyone in the United States who received an automated commercial text message from Edible Arrangements during the applicable statute of limitations period after which Edible Arrangements designated an exclusive means by which consumers could revoke consent to receive text messages from the company.

Rando asserts that eligible Class Members are entitled to receive $500 in statutory damages for each violation of the TCPA, and $1,500 per each willful violation of the TCPA. The Edible Arrangements class action lawsuit also seeks an injunction prohibiting the company from violating the TCPA in the future.

Rando is represented by Mark W. Morris and Gerald H. Clark of Clark Law Firm PC.

The Edible Arrangements TCPA Class Action Lawsuit is Rando v. Edible Arrangements International LLC, Case No. 1:17-cv-00701, in the U.S. District Court for the District of New Jersey.

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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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