Albertsons class action claims retailer sends unwanted text messages

Albertsons text messages class action lawsuit overview:

• Who: Plaintiff Anthony Kamel filed a class action lawsuit against Albertsons Companies Inc.
• Why: Albertsons allegedly violates the Telephone Consumer Protection Act (TCPA) by continuing to send unwanted text messages to customers even after they opt out of the communications.
•  Where: The Albertsons class action lawsuit was filed in California federal court.

Albertsons Companies Inc. sends unwanted text messages to consumers in violation of the Telephone Consumer Protection Act (TCPA), a class action lawsuit alleges.

Plaintiff Anthony Kamel says Albertsons has contacted him multiple times to sell him goods or services, even after he responded “stop” to the unwanted text messages.

Kamel says the supermarket obtained his phone number when an Albertsons cashier told him to provide it to determine if he was a “rewards member,” but he never consented to receiving text messages.

“Almost immediately on each such occasion, [Albertsons] responded that it had received [Kamel’s] directive and response, and that he would not receive further [Albertsons text messages],” the class action lawsuit says. Nevertheless, the text messages continued, according to the lawsuit.

Albertsons class action says texts violate federal law

The TCPA, a federal law passed in 1991, protects consumers from unsolicited robocalls, junk faxes and spam text messages. The law requires telemarketers to have a written policy for maintaining a do-not-call list and honoring do-not-call requests for at least five years from the time the request is made.

Albertsons’ alleged failure to implement and enforce a policy to manage and honor do-not-call requests violates the TCPA, Kamel claims.

Unwanted text messages cause consumers actual harm, Kamel alleges. Spam text messages can cause aggravation, diminish cell phone battery life and waste data storage capacity, he says.

Some consumers even have to pay for the receipt of spam text messages, the class action lawsuit explains.

Kamel believes Albertsons used an automated telephone dialing system to send unsolicited text messages to thousands of randomly generated cellphone numbers in violation of the TCPA.

The class action lawsuit seeks an award of statutory damages for each eligible class member as applicable under the TCPA.

 In 2021, another class action lawsuit alleged Albertsons sent unsolicited, automated texts in violation of the TCPA.

Have you received unwanted Albertsons text messages? Tell us about your experience in the comments.

Kamel is represented by John R. Habashy of Lexicon Law PC and Scott D. Owens of Scott D. Owens PA.

The Albertsons class action lawsuit is Anthony Kamel v. Albertsons Companies Inc., Case No. 8:24-cv-00270, in the U.S. District Court for the Central District of California.

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