HelloFresh marketing calls $14M class action settlement

Updates:

• A three-judge appellate panel has thrown out the $14 million settlement.
• The panel determined members of the approved settlement class fall into three groups and cannot be treated as one group.
• Eligible consumers will no longer receive rebate checks from this settlement.
• Read more on this decision here.

• Notice of appeal filed Nov. 13, 2022.
• Claims will not be paid until the appeal is resolved.

• The Court granted final approval to this class action settlement Oct. 15, 2021.
• Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.

A $14 million settlement has been reached in a class action lawsuit that claimed HelloFresh’s marketing calls violated the Telephone Consumer Protection Act (TCPA).

Anyone in the United States who was called by HelloFresh, either directly or through a third party, from Sept. 5, 2015, to Dec. 31, 2019, may be eligible to benefit from the marketing calls settlement.

Class Members must have had one or more calls placed to their cellphones via a dialing platform, must have received at least two marketing calls during any 12-month period in which the numbers were on the National Do Not Call Registry for at least 31 days before the calls, and have received one or more calls after their telephone number (wireless, landline, cellphone or mobile) was registered on the internal do-not-call list at HelloFresh.

Class Members are expected to receive $30 to $50, depending on the number of claims filed. The initial complaint estimates there are at least thousands of potential Class Members.

Several plaintiffs filed class action lawsuits against HelloFresh over the marketing calls.

HelloFresh is a meal service that delivers recipes and pre-portioned ingredients to subscribers’ homes.

The class action lawsuits alleged the company made unsolicited marketing calls using an automated dialing system, called numbers on the National Do Not Call Registry, and called numbers of consumers who had previously asked not to be called.

Lead plaintiff Grace Murray says her telephone number has been on the National Do Not Call Registry since January 2006.

Murray claims she signed up for a HelloFesh trial subscription in late 2015 or early 2016, but ended the trial after receiving one meal delivery. She says she received an email acknowledging the cancellation.

However, Murray claims, she began receiving marketing calls from HelloFresh in 2018, urging her to sign up for the meal delivery service once again.

Murray says she explained to the callers she was not interested in re-purchasing the service and specifically asked to be placed on HelloFresh’s internal do-not-call list.

Despite this action, the HelloFresh marketing calls allegedly continued. Murray estimates she received at least 15 such calls.

Congress enacted the TCPA in 1991. According to Murray’s complaint, the Federal Trade Commission (FTC) “receives more complaints about unwanted calls than all other complaints combined.”

The Federal Communications Commission (FCC) also has received a growing number of complaints regarding unwanted calls.

HelloFresh denies all allegations of wrongdoing but has agreed to a settlement in order to avoid ongoing and costly litigation.

A fairness hearing has been scheduled for May 11, 2021.

The deadline to file a claim in, object to, or opt out of the HelloFresh marketing calls settlement is March 29, 2021.

Who’s Eligible

Anyone in the United States who was called by HelloFresh, either directly or through a third party, from Sept. 5, 2015, to Dec. 31, 2019, may be eligible to benefit from the marketing calls settlement.

Class Members must have had one or more calls placed to their cellphones via a dialing platform, must have received at least two marketing calls during any 12-month period in which the numbers were on the National Do Not Call Registry for at least 31 days before the calls, and have received one or more calls after their telephone number (wireless, landline, cellphone or mobile) was registered on the internal do-not-call list at HelloFresh.

Potential Award

About $30 to $50.

• The actual amount awarded to each Class Member will depend on the number of valid claims filed.

Proof of Purchase

No proof of purchase is necessary, but claimants must file a claim form with their phone number and the Claim Number from their settlement notice, if they received one.

Claim Form

CLICK HERE TO FILE A CLAIM »

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

03/29/2021

Case Name

Grace Murray, et al. v. Grocery Delivery E-services USA Inc. d/b/a Hello Fresh, Case No. 1:19-cv-12608-WGY in the U.S. District Court for the District of Massachusetts

Final Hearing

05/11/2021

Settlement Website

HelloFreshTCPASettlement.com

Claims Administrator

HELLOFRESH TCPA Settlement Administrator
P.O. Box 43146
Providence, RI 02940-3146
1-844-926-1531
admin@HelloFreshTCPAsettlement.com

Class Counsel

PARONICH LAW PC

TURKE & STRAUSS LLP

ROBINS KAPLAN LLP

Defense Counsel

Lisa M. Lewis
Lisa S. Yun
Shannon Z. Petersen
SHEPPARD, MULLIN, RICHTER & HAMPTON LLP

William T. Harrington
HARRINGTON RICE PC

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• Know Your Rights: A Guide to Illegal Robocalls
• Dr. Robert Hadden of Columbia University Denied Public Defender
• California Priest Faces Clergy Sex Abuse Claims Ignored for Almost Two Decades