Jelly Belly class action over unsolicited texts dismissed

Update: 

• A California federal judge dismissed a class action lawsuit filed against Jelly Belly over claims it sent unlawful telemarketing messages. 
• The complaint was dismissed with prejudice in March 2021. 
• The Jelly Belly class action argued the company sent the telemarketing messages to consumers without their consent in violation of the Telephone Consumer Protection Act. 
• A consumer originally filed the class action lawsuit in September 2019. 
• The consumer argued Jelly Belly sent the allegedly unlawful telemarketing messages to gain an advantage over its competition and increase revenue. 

(Sept. 26, 2019)

Jelly Belly sent unsolicited text messages to consumers inviting them to “Celebrate National Candy Month,” according to a recent class action lawsuit against the candy company.

Plaintiff Howard Hoffman claims that the candy company known for their jelly beans sent the illegal telemarketing text messages to customers without their consent.

“To gain an advantage over its competitors and increase its revenue, Defendant engages in unsolicited telemarketing, with little to no regard for consumers’ privacy rights,” Hoffman states in his Jelly Belly class action.

Howard allegedly received text messages from Jelly Belly in June 2019. The two text messages he received, which were allegedly sent from a shortcode, reportedly offered him promotional discounts on candy.

According to the Jelly Belly class action, these text messages were sent for telemarketing purposes since they “future purchase or investment in property, goods, or services, i.e., selling Plaintiff candy.”

In his Jelly Belly class action, Howard claims that these text messages were unlawful and violate the Telephone Consumer Protection Act.

The Telephone Consumer Protection Act (TCPA) is a federal law that aims to protect consumers from harassing telemarketing behaviors. This includes robocalls, unsolicited text messages, and junk faxes. A variety of other behaviors are also prohibited under the act.

More recent changes to the TCPA mean that businesses cannot contact consumers even if they had a prior business relationship. To send telemarketing text messages or place robocalls, businesses need to obtain express prior written consent from consumers.

In his Jelly Belly class action, Hoffman claims that the candy company violated the TCPA with unsolicited text messages because he and other consumers did not consent. Additionally, Howard argues that the text messages cause actual harm.

“Defendant’s unsolicited text messages caused Plaintiff actual harm, including invasion of his privacy, aggravation, annoyance, intrusion on seclusion, trespass, and conversion,” the Jelly Belly class action lawsuit claims. “Defendant’s text messages also inconvenienced Plaintiff and caused disruption to his daily life.”

Because of the alleged harm caused by the text messages, Howard seeks actual damages, statutory damages, declaratory judgement, injunctive relief, court costs, and attorneys’ fees.

The TCPA allows consumers to collect between up to $1,500 in statutory damages for each violation of the law. The amount each violation is worth depends on whether or not the defendant was negligent or willful in their violations. Howard seeks these damages on behalf of himself and a proposed Class of similar consumers.

Howard seeks to represent a “no consent” Class of consumers who received a text message from Jelly Belly within the last four years which advertised the company’s goods and services, despite never having consented to receiving these messages.

Did you receive unsolicited text messages from Jelly Belly? Let us know in the comment section below.

Hoffman and the proposed Class are represented by Annick M. Persinger, Hassan A. Zavareei, and Andrea Gold of Tycko & Zavareei LLP, Andrew J. Shamis of Shamis & Gentile PA, and Scott Edelsberg of Edelsberg Law PA.

The Jelly Belly Text Message Class Action Lawsuit is Hoffman v. Jelly Belly Candy Company Inc., Case No. 2:19-cv-01935-JAM-DB, in the U.S. District Court for the Eastern District of California.

Read About More Class Action Lawsuits & Class Action Settlements:

• AT&T class action alleges co. sends text solicitations after customers opt out
• Kohl’s class action alleges retailer made invasive robocalls
• Coach Outlet sends unlawful text messages, class action claims
• Skims Body class action claims company sends text messages outside defined hours