Albertsons Class Action Says Grocery Store Sends Unwanted Text Ads

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Albertsons Companies LLC has been hit with a class action lawsuit alleging the grocery chain sent unsolicited autodialed text messages to consumers’ cell phones, in violation of the Telephone Consumer Protection Act.

Plaintiff Katie Renvall filed the Albertsons class action lawsuit last week in California federal court.

Renvall says she received a text message on her cell phone from Albertsons on March 15, 2018 that was sent without her express consent.

She claims the text message she received contained no instructions informing her how to opt out of receiving such text messages from Albertsons in the future.

Renvall says she’s not alone and points to other complaints posted online by customers who say they have been receiving Albertsons text alerts even though they never signed up to receive the text messages and even after they reply stop in attempt to opt out of the communications.

According to the Albertsons text alert class action lawsuit, these unsolicited text messages violate the Telephone Consumer Protection Act, which was enacted in 1991 to protect consumers from unwanted communcations, such as robocalls, unsolicited text messages, fax spam, calls made to numbers listed on the National Do Not Call Registry, and other TCPA violations.

“The TCPA prohibits, inter alia the use of automated telephone equipment, or ‘autodialers,’ to make any call, including sending a text message, to a wireless number absent an emergency or the ‘prior express consent’ of the party called,” the Albertsons TCPA class action lawsuit alleges.

“And in the case of calls or text messages that constitute ‘advertisements’ or ‘telemarketing,’ as defined by applicable regulations, the TCPA requires the ‘prior express consent’ of the called party before initiating such calls or texts via an autodialer.”

According to the Albertsons TCPA class action lawsuit, the Federal Communication Commission found that autodialed calls and texts cause a greater nuisance and invasion of privacy than solicitation calls made by live callers. Further, they may be more costly because some wireless customers are charged for incoming calls and text messages.

The Albertsons class action lawsuit states that one of the most common bulk advertising methods currently used by companies involve Short Message Services (SMS), a system that allows the transmission and receipt of short text messages to and from wireless telephones. Multimedia Messaging Services (MMS), which allow the transmission of photos and videos through text messages, are also commonly used to send bulk advertisements.

Renvall filed the Albertsons class action lawsuit on behalf of herself and a proposed Class of U.S. consumers who, since April 27, 2014, received at least one SMS or MMS text message from Albertsons and who did not provide their express written consent to receive such text messages.

She seeks injunctive relief and monetary damages of $500 per negligent violation of the TCPA and up to $1,500 per knowing and/or willful violation of the TCPA. She also seeks attorneys’ fees and costs.

Renvall is represented by Frank S. Hedin and David W. Hall of Hedin Hall LLP and by Francis A. Bottini Jr., Albert Y. Chang and Yury A. Kolesnikov of Bottini & Bottini Inc.

The Albertsons Text Spam Class Action Lawsuit is Katie Renvall v. Albertsons Companies LLC, Case No. 3:18-cv-00809-H-NLS, in the U.S. District Court for the Southern District of California.

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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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