Grocery Service Harasses Consumers With Telemarketing Calls, Class Action Says

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Pre-Recorded Calls Class Action Lawsuit Overview: 

• Who: Kim Leszczynski filed a class action lawsuit against GoGo Technologies Inc., doing business as GoGo Grandparent and GoGo Gourmet. 
• Why: Plaintiff claims GoGo Technologies violates the Telephone Consumer Protection Act by sending unsolicited and aggressive pre-recorded telemarketing calls. 
• Where: The class action lawsuit was filed in California federal court. 

GoGo Technologies, which does business as GoGo Grandparent and GoGo Gourmet, engages in unlawful and aggressive unsolicited telemarketing to promote its grocery and food delivery service, a new class action lawsuit alleges. 

Plaintiff Kim Leszczynski claims GoGo Technologies’ pre-recorded telemarketing calls violate the Telephone Consumer Protection Act (TCPA), have harassed thousands of consumers, violated their privacy, and disrupted their daily life. 

Leszczynski wants to represent a nationwide Class of consumers who have received an unsolicited telemarketing call from the defendant within the past four years, as well as a Subclass of anyone who has received an unsolicited telemarketing call from the defendant within the past four years at a number registered on the National Do Not Call Registry. 

Leszczynski claims she received numerous telemarketing calls which led to pre-recorded voicemail messages from the defendant during 2020. Leszczynski never gave her consent to receive a pre-recorded telemarketing call and has been registered with the National Do Not Call Registry since 2015, according to the class action lawsuit. 

Leszczynski says the pre-recorded voicemail messages took up valuable memory on her cellphone and that she “wasted” 15 minutes of her time reviewing the messages.

“The cumulative effect of unsolicited voice messages like Defendant’s poses a real risk of ultimately rendering the phone unusable for voice messaging purposes as a result of the phone’s memory being taken up,” states the class action lawsuit. 

The Federal Communications Commission, citing findings by Congress, says pre-recorded messages violate the TCPA and are a greater nuisance and violation of privacy than live-solicitation phone calls, according to the class action lawsuit. 

Leszczynski is demanding a jury trial and seeks injunctive relief to halt defendants conduct, as well as statutory damages and any other legal or equitable remedies for herself and all Class Members. 

Rash Curtis and Associates settled a class action lawsuit last month that was filed against the company alleging it violated the TCPA by placing wrong-number calls to consumers’ cell phones using pre-recorded messages. 

Have you received an unsolicited pre-recorded telemarketing call from GoGo Technologies? Let us know in the comments. 

The plaintiff is represented by Scott Edelsberg Esq. of Edelsberg Law P.A. 

The Pre-Recorded Calls Class Action Lawsuit is Leszczynski v. GoGo Technologies, Inc., Case No. 3:21-cv-01552, in the U.S. District Court for the Southern District of California.

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