Harry & David class action claims company sends unsolicited text messages

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Harry & David text messages class action lawsuit overview: 

• Who: Crystal Strickland filed a class action lawsuit against Harry and David LLC. 
• Why: Strickland claims Harry & David sends unsolicited text messages to consumers without their consent and to numbers that are listed on the National Do Not Call registry. 
• Where: The class action lawsuit was filed in Florida federal court. 

Food and gift producer and retailer Harry & David sent unsolicited marketing text messages to consumers without their express written consent and whose numbers are listed on the National Do Not Call registry, a new class action lawsuit alleges. 

Plaintiff Crystal Strickland claims Harry & David sent multiple telemarketing text messages to her cellular telephone without her consent during the month of June, in an alleged violation of the Telephone Consumer Protection Act (TCPA). 

Strickland argues the text messages sent by Harry & David constitute telemarketing — and thus violate the TCPA — because they “encouraged the future purchase or investment in property, goods, or services.” 

“Upon information and belief, Defendant has placed violative calls to cellular telephone numbers belonging to thousands of consumers throughout the United States who are registered on the Do Not Call registry,” the Harry & David class action states. 

Strickland wants to represent a nationwide class of individuals who received one or more text messages from or on behalf of Harry & David within any 12-month period within the last four years to a number listed on the National Do Not Call registry. 

Harry & David text messages invade privacy of consumers, says class action

Strickland argues unsolicited text messages allegedly sent by Harry & David caused her to suffer actual harm, including an invasion of her privacy, aggravation, annoyance, trespass, inclusion on seclusion, and conversion. 

“Through this action, Plaintiff seeks injunctive relief to halt Defendant’s illegal conduct, which has resulted in the invasion of privacy, harassment, aggravation, and disruption of the daily life of thousands of individuals,” the Harry & David class action states. 

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

A separate class action lawsuit was filed against Harry & David in 2017 by a consumer arguing the company engaged in “slack-fill” to deceive consumers about the amount of product in its Moose Munch Gourmet Popcorn boxes. 

Have you received an unsolicited text message from Harry & David? Let us know in the comments! 

The plaintiff is represented by Andrew J. Shamis and Garrett O. Berg of Shamis & Gentile, P.A., and Scott Edelsberg of Edelsberg Law P.A. 

The Harry and David text messages class action lawsuit is Strickland v. Harry and David LLC, Case No. 6:23-cv-01580, in the U.S. District Court for the Middle District of Florida.

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