Jenny Craig Class Action Says Advertising Texts Violate Federal Law

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A new class action lawsuit accuses weight loss company Jenny Craig of violating the Telephone Consumer Protection Act by sending annoying text messages.

Lead plaintiff Zoey Bloom alleges in her class action lawsuit that starting in March of this year, she began receiving telemarking text messages from Jenny Craig on her cell phone.

Bloom says she never provided consent to receive the text messages, a violation of the TCPA.

The TCPA prohibits companies from using telephones, mobiles, or fax machines to contact consumers with unwanted advertising. It limits companies from using robocalling or auto dialers to send ads to large numbers of consumers. Fines under the TCPA are steep, ranging from $500 to $1,500 per violation, or unlawful call, text, or fax.

The Jenny Craig class action lawsuit alleges that Jenny Craig violated the TCPA by using an auto dialer (ATDS) to compile and send messages to Bloom and her proposed Class Members.

“The impersonal and generic nature of Defendant’s text message, demonstrates that Defendant utilized an ATDS in transmitting the messages,” alleges the plaintiff in her Jenny Craig text message class action lawsuit.

Jenny Craig also reportedly used a phone number it owned to send the messages using “long code” to further deceive consumers.

“The number used by Defendant (631-230-1229) is known as a ‘long code,’ a standard 10-digit phone number that enabled Defendant to send SMS text messages en masse, while deceiving recipients into believing that the message was personalized and sent from a telephone number operated by an individual,” explains the Jenny Craig TCPA class action lawsuit.

“Long codes work as follows: Private companies known as SMS gateway providers have contractual arrangements with mobile carriers to transmit two-way SMS traffic. These SMS gateway providers send and receive SMS traffic to and from the mobile phone networks’ SMS centers, which are responsible for relaying those messages to the intended mobile phone. This allows for the transmission of a large number of SMS messages to and from a long code.”

Bloom seeks to represent a nationwide Class of consumers who received unwanted text messages from Jenny Craig in the past four years. The plaintiff says she believes the consumers affected by the unwanted Jenny Craig text messages number in the thousands, if not more.

The Jenny Craig text spam class action lawsuit alleges that Jenny Craig violated the TCPA and that Bloom and other possible Class Members are entitled to a statutory award of $1,500 for each violation of the law.

The plaintiff is also seeking an injunction against the weight loss company stopping them from using unwanted text messages in violation of the TCPA going forward.

Bloom is represented by Scott A. Edelsberg, Jeff Ostrow and Joshua R. Levine of Kopelowitz Ostrow Ferguson Weiselberg Gilbert, Andrew J. Shamis of Shamis & Gentile PA, and Manuel S. Hiraldo of Heraldo PA.

The Jenny Craig Text Message TCPA Class Action Lawsuit is Zoey Bloom v. Jenny Craig Inc., Case No. 1:18-cv-21820-KMM, in the U.S. District Court for the Southern District of Florida.

UPDATE: On Aug. 7, 2018, a plaintiff asked a Florida federal judge to preliminarily approve a proposed $3 million class action settlement alleging Jenny Craig Inc. violated the Telephone Consumer Protection Act by sending text messages without the recipients’ consent.

UPDATE 2: October 2018, the Jenny Craig unwanted text message class action settlement is now open. Click here to file a claim.

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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