Bed Bath & Beyond Class Action Alleges Unwanted Telemarketing Texts

According to a class action lawsuit, Bed Bath & Beyond has been sending consumers telemarketing text messages without their consent, violating consumer protection laws.

Plaintiff Aaron Donde seeks damages on behalf of himself and all other similarly affected consumers. He claims that Bed Bath & Beyond’s practice of sending text messages to consumers, with the intent to solicit them to purchase goods and services, without their prior approved consent violates the Telephone Consumer Protection Act.

The Bed Bath & Beyond class action lawsuit is one of many class action lawsuits that allege that companies’ practice of sending individuals text message spam violates the Telephone Consumer Protection Act.

According to Donde, he received multiple texts from Bed Bath & Beyond advertising various sales and discounts available through “mobile offers.” He seeks injunctive relieve to halt Bed Bath & Beyond’s alleged illegal conduct.

The Bed Bath & Beyond telemarketing class action lawsuit claims that Bed Bath & Beyond’s practice of sending consumers text messages without their prior approved consent has “resulted in the invasion of privacy, harassment, aggravation, and disruption of the daily lives of thousands of individuals.” Donde argues that he was subject to such injury.

Donde seeks statutory damages “and any other available legal or equitable remedies” on behalf of himself and all other affected consumers to compensate for the alleged injuries.

The Bed Bath & Beyond class action lawsuit claims that under the Telephone Consumer Protection Act (TCPA), the following practices are unlawful:

• Businesses calling individuals on a cell phone number to solicit them
• Businesses using an automatic dialing system (one that generates and dials random or sequential numbers)
• Businesses calling individuals without prior approved consent

According to the Bed Bath & Beyond text message class action lawsuit, text messaging falls under these restrictions regarding a business’ solicitation of individuals over the phone.

The Bed Bath & Beyond class action lawsuit goes on to state that businesses must establish that it “secured the [recipient’s] signature in writing that gives the plaintiff a ‘clear and conspicuous disclosure’ of the consequences of providing the requested consent…and [the recipient], having received this information, agrees unambiguously to receive such calls at a telephone number the [consumer] designates.”

According to the Bed Bath & Beyond telemarketing violation class action lawsuit, Donde received no such disclosure and had not given his consent to be contacted by Bed Bath & Beyond.

He argues that the “impersonal and generic nature of the text messages demonstrates that Bed Bath & Beyond utilized an ATDS [an automatic telephone dialing system] to text Donde’s cell phone number,” and it was clear that the text messages fell under the category of “telemarketing” because they were designed to solicit Donde to purchase products from Bed Bath & Beyond.

Donde is represented by Avi R. Kaufman of Kaufman PA.

The Bed Bath & Beyond Telemarketing Class Action Lawsuit is Donde v. Bed Bath & Beyond Inc., Case No. 0:18-cv-60331-UU, in the U.S. District Court for the Southern District of Florida.

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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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