Gopuff class action alleges company engages in unsolicited text messaging

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Gopuff text messages class action lawsuit overview: 

• Who: Bradley Stern filed a class action lawsuit against GoBrands Inc. d/b/a Gopuff. 
• Why: Stern claims Gopuff violates the Telephone Consumer Protection Act by allegedly sending unsolicited text messages to consumers after they have attempted to opt out of receiving them. 
• Where: The class action lawsuit was filed in Florida federal court. 

Online shopping and delivery service Gopuff engages in unsolicited text messaging and continues to contact consumers who have attempted to opt out of receiving them, a new class action lawsuit alleges. 

Plaintiff Bradley Stern claims Gopuff continued sending him text messages after he sent a “stop” opt-out instruction to the company on or around Feb. 28 of this year, in an alleged violation of the Telephone Consumer Protection Act. 

Stern argues that, despite his attempt to opt out of receiving text messages from Gopuff, the company sent him 12 additional unsolicited text messages during the months of June and July. 

“Plaintiff attempted to opt out of Defendant’s text message solicitations by responding ‘stop’, but Defendant continued to text message Plaintiff,” the Gopuff class action states. 

Stern wants to represent a nationwide class of individuals who have received two or more sales text messages from Gopuff during any 12-month period within the past four years after sending an opt out request to the company. 

Gopuff text messages invade privacy of consumers, says class action

Stern argues unsolicited text messages allegedly sent by Gopuff caused him and other class members harm, including by allegedly violating their statutory rights and invading their privacy, among other things. 

“Plaintiff seeks injunctive relief and statutory damages to put an end to Defendant’s unlawful conduct which has resulted in intrusion into the peace and quiet in a realm that is private and personal to Plaintiff and the Class members,” the Gopuff class action states. 

The plaintiff is demanding a jury trial and requesting declaratory and injunctive relief along with an award of statutory damages for himself and all class members. 

A separate class action lawsuit was filed against Gopuff last year by a consumer arguing the company violated California law by allegedly automatically enrolling individuals who signed up for a free trial into a paid monthly subscription. 

Has Gopuff sent you an unsolicited text message after you attempted to opt out? Let us know in the comments! 

The plaintiff is represented by Manuel S. Hiraldo of Hiraldo P.A., and Rachel Dapeer of Dapeer Law, P.A. 

The Gopuff text messages class action lawsuit is Stern v. GoBrands, Inc. d/b/a Gopuff, Case No. 1:23-cv-23140, in the U.S. District Court for the Southern District of Florida.

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