HelloFresh class action alleges company spams phones with promotional text messages

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HelloFresh text messages class action overview: 

• Who: A Florida resident is suing HelloFresh.
• Why: The plaintiff says the company sent him unsolicited text messages without his consent, in violation of state law. 
• Where: The HelloFresh class action was filed in a New York federal court. 

HelloFresh sent Florida residents unsolicited marketing text messages without their consent, in violation of state law, a new class action lawsuit alleges.

Plaintiff Robert Morris filed the class action lawsuit against Grocery Delivery E-Services USA, Inc. (HelloFresh) Sept. 23 in a New York federal court, alleging violations of the Florida Telephone Solicitation Act (FTSA).

The FTSA prohibits the transmission of unsolicited sales calls and text messages to its residents’ telephones, the class action states.

Any person aggrieved by a violation of the FTSA may recover $500 for each violation, or up to $1,500 for each violation committed knowingly or willfully, the lawsuit says.

HelloFresh sent unsolicited text messages, lawsuit alleges 

Morris alleges that, since July 1, 2021, he has received at least one text message from HelloFresh. 

He says, on Aug. 20, 2022, HelloFresh sent a text message to his cell phone number that stated, “HelloFresh: Check dinner off of your to-dos for next week. Sign up now & get 16 free meals across 7 boxes!”

Morris alleges that HelloFresh utilized an “automated system for the selection or dialing of telephone numbers” to send the text messages to his number, and says he believes the messages were sent from telephone numbers used to message consumers en masse.

Meanwhile, because his cell phone alerts him whenever he receives a text message, each text from HelloFresh allegedly invades his privacy and intrudes upon his seclusion.

Morris is looking to represent anyone in Florida who, at any time since July 1, 2021, received a text message from HelloFresh using the same type of equipment used to send the text to him.

He is seeking an injunction blocking HelloFresh from texting people unsolicited marketing messages, damages, fees, costs, certification of the class action and a jury trial. 

The news comes after HelloFresh was hit with a class action lawsuit alleging it runs an illegal “automatic renewal” scheme with its food delivery subscriptions.

Earlier this month, United States food safety watchdogs issued a public health alert regarding certain ground beef products distributed in HelloFresh meal kits as they may be contaminated with E. coli.

Have you received an unsolicited text from HelloFresh? Let us know your experience in the comments! 

The plaintiff is represented by Arun G. Ravindran and Frank S. Hedin of Hedin Hall LLP. 

The HelloFresh class action lawsuit is Robert Morris v. Grocery Delivery E-Services USA, Inc., Case No. 1:22-cv-08138 in a U.S. District Court for the Southern District of New York. 

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