Grocery Company Albertsons Violates the TCPA With Automated Texts, Class Action Alleges

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One of the country’s largest supermarket chains, Albertsons, violates the Telephone Consumer Protection Act (TCPA) by sending out unsolicited, automated text messages, a new class action lawsuit alleges.

The class action lawsuit was filed in California on June 18 by lead Plaintiff Dave Vaccaro, who alleges that the company and 10 unnamed employees sent him spam advertisement and promotional text messages without his consent.

According to the class action lawsuit, when Vaccaro replied to the company to opt out of the messages, he was not interacting with a live agent but rather an agentless text blast generated by a computer.

“Moreover, the messages sent to Plaintiff were drafted in advance and sent out automatically based on pre-programmed parameters,” violating the TCPA, the claim reads.

The TCPA was designed to prevent calls and messages like the ones described in the complaint, and to protect the privacy of citizens like Vaccaro, the class action lawsuit states. It cites the judgement from another TCPA lawsuit, which reads:  “Voluminous consumer complaints about abuses of telephone technology — for example, computerized calls dispatched to private homes — prompted Congress to pass the TCPA.”

Vaccaro says that he was never a customer of Albertsons grocery stores and never provided the company with his cellular telephone number for any reason.

“Accordingly, Defendant and their agent never received Plaintiff’s prior express consent to receive unsolicited text messages.”

According to the claim, Vaccaro and other consumers have all suffered “irreparable harm” as a result of the Albertsons’ unlawful and wrongful conduct.

“Absent a class action, the Class will continue to face the potential for irreparable harm. In addition, these violations of law will be allowed to proceed without remedy and Defendant will likely continue such illegal conduct,” the claim reads.

Vaccaro wants to represent anyone in the U.S. who has received an automated text message or call from Albertsons. He is suing for violations of the TCPA, and seeking damages of either $500 or $1,500 per text message, injunctive relief, and a jury trial.

Companies often find themselves finding legal action over violations of the 1991 law banning robocalls and automated texts. In June, Nationwide Tax Consulting was hit with a class action lawsuit for allegedly negligently, knowingly, and willfully violating the TCPA by sending consumers robocalls and automated text messages.

Have you ever received robocalls from a company without giving the company consent to call you? Let us know in the comments section!

Vaccaro is represented by Todd M. Friedman of The Law Offices Of Todd M.Friedman, P.C.

The Albertsons TCPA Violations Class Action Lawsuit is Vaccaro v. Albertsons Companies, Inc., et al., Case No. 2:21-cv-04990, in the U.S. District Court Central District Of California.

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