GrubHub Text Message Lawsuit Alleges Company Violated TCPA Multiple Times

A woman has filed a GrubHub text message lawsuit after receiving many unwanted text messages.

Plaintiff Natalya A. says GrubHub violated the Telephone Consumer Protection Act (TCPA) multiple times by sending her text messages despite her notifying the company to stop.

Beginning in July 2017, Natalya says she started receiving automated text messages on her cell phone from GrubHub. Each message allegedly said “A new delivery has been assigned to you:” followed by a person’s name and address.

GrubHub is a food delivery service that accepts orders from customers who wish to have food delivered from any restaurant. GrubHub’s drivers deliver the orders directly to the customers.

Natalya says she never signed up to work for GrubHub and never ordered anything through GrubHub. She insists she never provided GrubHub with her phone number. She has no idea how the company received her phone number.

Still, she allegedly received hundreds of text messages from GrubHub that followed that same template.

According to the GrubHub text message lawsuit, “the text templates were automatically filled, with no human involvement, utilizing computer algorithms.”  These automated messages did not give Natalya an option to opt out of their continued receipt, she claims.

GrubHub Text Message Lawsuit was Last Resort

Tired of being inconvenienced by the constant barrage of text messages, Natalya says she called GrubHub’s customer service department in early November 2017. She told the representative that she was receiving texts in error and asked GrubHub to remove her phone number from their computer system so that all communications would cease.

Still, she claims, the messages continued to pour in to her cell phone.

On Nov. 28, 2017, Natalya posted a message on GrubHub’s Facebook page that said, “GrubHub has been sending me texts every day and seem to think I am a delivery person for them. I do not work for you and have never even ordered anything on your site. Please remove my number immediately.”

GrubHub replied, in part, that “One of our drivers may have gave us the wrong number we will take care of that for you.”

Despite that promise, Natalya says she still continued to receive automated text messages to her cell phone.

The GrubHub text message lawsuit alleges that GrubHub sent messages to Natalya’s cell phone number “knowing it lacked consent to send text messages to her cellular telephone number.” The GrubHub text message lawsuit goes on to say that because the company knew it did not have permission to send the text messages, each text message sent was a “willful violation of the TCPA” and subject to triple the damages.

According to the TCPA rules, Natalya may be entitled to $500 in statutory damages for each text message sent in violation of the TCPA. Any text message sent in willful violation of the TCPA may incur up to $1,500 per text message.

The GrubHub Text Message Lawsuit is Case No. 2:17-cv-01926 in the U.S. District Court for the Western District of Washington.

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.

Get a Free Case Evaluation Now