Zoomer Class Action Says Delivery Service Routinely Sends Text Spam

A class action lawsuit accuses food delivery company Zoomer of sending unwanted text messages to customer’s cell phones without their permission.

The complaint alleges that Zoomer violated the Telephone Consumer Protection Act (TCPA) by “unlawfully sending autodialed calls, in the form of text messages, to cellular telephones without prior express written consent (and without obtaining any other consent or authorization).”

Zoomer Inc. is a company that provides delivery services for existing third-party restaurants. The class action states that Zoomer is based in Philadelphia and San Fransisco, but provides service in multiple large cities, including Chicago.

Zoomer has software, an app, for its drivers and restaurant partners that provides “remote consultants and real time tracking technology,” according to its website.

The class action contends that the company also pushes consumers to download its app to also track their orders, and so they can purchase food for delivery directly from the app.

Plaintiff Mary McGrath states that on Sept. 28, 2016, she attempted to purchase food for delivery from “Cheesie’s,” a restaurant in Chicago. However, McGrath could not order the food, because she lived outside of Cheesie’s delivery area.

McGrath claims that shortly after she hung up that call, she received a text message from Zoomer which said “Thanks for ordering from Cheesies Pub & Grub in Lakeview!” The text went on, “Track your delivery by downloading the Zoomer app” and provided a link to do so.

McGrath asserts that she never gave her consent, written or otherwise, to allow Zoomer to send her text messages on her cell phone, and she never used or accessed any services from Zoomer, or downloaded the Zoomer app.

The Zoomer text spam class action lawsuit alleges that the company “as a matter of routine” sends such texts that violate the TCPA.

According to the complaint, Zoomer’s technology “is set up to automatically store personal information, such as one’s mobile telephone number, and to automatically send its automated text calls when a food delivery order is being processed or placed.”

In addition, the class action argues that Zoomer uses these unwanted text messages to market itself and its own services by pushing consumers to download its app.

The Zoomer text spam lawsuit requests certification of a Class of “[a]ll persons in the United States who received a text message from Zoomer.” The complaint also asks for a potential subclass of “[All persons in the United States who received a text message from Zoomer in connection with a food delivery order that was not completed.”

The class action further seeks statutory damages of at least $500 per violation of the TCPA, as well as an injunction stopping Zoomer from sending automated text spam.

McGrath is represented by Ilan Chorowsky and Mark A. Bulgarelli of Progressive Law Group LLC, and Phillip A. Brock, David M. Oppenheim, and Tod A. Lewis of Bock, Hatch, Lewis & Oppenheim LLC.

The Zoomer Text Spam Class Action Lawsuit is Mary McGrath v. Zoomer Inc., Case No. 1:16-cv-11513, in the U.S. District Court for the Northern District of Illinois, Eastern Division.

Join a Free TCPA Class Action Lawsuit Investigation

Under the TCPA, businesses cannot use automated dialing services to make phone calls or send text messages without the express consent of the consumer. Consumers who have received text message spam may be able to bring a TCPA lawsuit against the company. 

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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