Haagen-Dazs Class Action Says Ice Cream Maker Sends Unwanted Texts

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Cold creamy treat makers Haagen-Dazs and Dreyers were hit with a class action lawsuit over allegations that the companies violated the Telephone Consumer Protection Act (TCPA) by sending unwanted ad texts to customers.

Lead plaintiff, California resident Melanie G. San Pedro-Salcedo, alleges in her class action lawsuit that she received unwanted marketing text messages from Haagen-Dazs and Dreyers after visiting an ice cream shop in California. The plaintiff claims that the ice cream companies violated the TCPA because she never agreed to receive the marketing messages.

According to the class action complaint, Haagen-Dazs is owned by Dreyers for the purposes of carrying out Dreyers’ business operations in the United States.

“Defendants have violated the TCPA by sending unsolicited text messages without prior express written consent, invading the consumers’ right to privacy,” alleges the plaintiff in her complaint.

San Pedro-Salcedo says that when she purchased ice cream at the Haagen-Dazs store, the cashier asked if she would like to join a rewards program for discounts on future purchases. The plaintiff agreed and was told she needed to provide her phone number, which she did. Minutes later, the plaintiff says she received a message from Haagen-Dazs stating “Thank you for joining Haagen-Dazs Rewards! Download our app here:.” The message included a link to an app available on iPhones and Androids.

According to the Haagen-Dazs class action, by pushing individuals to use their app, Haagen-Dazs and Dreyers were marketing. The plaintiff says she and other premium ice cream consumers never authorized the use of their cell phone numbers for marketing purposes.

San Pedro-Salcedo also points out that she is responsible for paying for her cell phone’s data and text services each month and unwanted advertising can drive up that bill.

The plaintiff further alleges that the premium ice cream makers Haagen-Dazs and Dreyers maintain a database of phone numbers to send unauthorized and unwanted advertisements to unsuspecting ice cream consumers. This constitutes use of an auto-dialing system, argues the plaintiff, which is prohibited under the TCPA.

The plaintiff is seeking to represent a nationwide Class of individuals who have received a text message from Haagen-Dazs or Dreyers since Oct. 16, 2013.

The plaintiff is seeking damages for the ice cream makers’ alleged violation of the TCPA, as well as injunctive relief.

The class action was originally filed in Superior Court in Santa Clara County, but was recently removed to federal court in the Northern District of California.

San Pedro-Salcedo is represented by Michael J. Jaurigue, Abigail A. Zelenski, David Zelenski, Ryan Stubbe, and Sehreen Ladak of Jaurigue Law Group.

The Haagen-Dazs, Dreyers Unwanted Text Class Action Lawsuit is Melanie G. San Pedro-Salcedo v. The Haagen-Dazs Shoppe Company Inc., et al., Case No. 5:17-cv-03504, in the U.S. District Court for the Northern District of California.

UPDATE: On Oct. 11, 2017, a federal judge denied a request by Haagen-Dazs to dismiss claims that the company allegedly sent unauthorized “thank you” text messages to customers.

UPDATE 2: On Feb. 8, 2019, a California federal court was asked to certify a Class of consumers who allegedly received unsolicited “thank you” texts from Häagen-­Dazs.

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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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