Jenny Craig Class Action Says Weight Loss Texts Illegal

A recent class action lawsuit claims that Jenny Craig violated federal law by sending unsolicited text messages advertising their services.

Plaintiff Taylor Basile allegedly began to receive text messages from Jenny Craig in January 2019.

The messages reportedly advertised deals on Jenny Craig food bundles.

Basile says these text messages count as telemarketing because they “encouraged the future purchase or investment in property, goods, or services, i.e., selling Plaintiff weight loss, weight management, and nutrition services.”

The Jenny Craig text messages were reportedly sent from a “long code,” a number that looks like a standard 10-digit phone number but is actually designed to send mass text messages.

According to the Jenny Craig class action, these numbers are designed to deceive customers into “believing that the message was personalized and sent from a telephone number operated by an individual.”

Basile argues that Jenny Craig’s telemarketing text messages are a violation of the Telephone Consumer Protection Act (TCPA). The TCPA is a federal law that protects consumers from harassing telemarketing in the form of calls, texts, and fax messages.

The following behaviors are prohibited under the TCPA:

• Using an automated dialing machine or pre-recorded message to place robocalls;
• Sending unsolicited telemarketing text messages;
• Calling or texting people that companies do not have a business relationship with;
• Failing to provide an opt out option with telemarketing texts and calls;
• Calling numbers on a do not call list, including those internal lists maintained by companies and the National Do Not Call Registry (a national list of telephone numbers that companies are not supposed to contact);
• Sending unsolicited “junk faxes” containing advertisements;
• And more.

Generally, a telemarketing communication is considered unlawful under the TCPA if consumers have not provided prior, written consent to receiving the call, text, or fax message.

Individuals who file a lawsuit or class action lawsuit under the TCPA may be able to recover between $500 and $1,500 for each violation of the federal law.

Basile seeks to represent two Classes. The first “No Consent Class” is proposed to include individuals who were sent a text message by Jenny Craig through an automatic dialing system for the purpose of soliciting their services, despite not having provided prior express written consent to these messages.

The second “Do Not Call Registry Class” is proposed to include individuals who received more than one unsolicited telemarketing text message from Jenny Craig in a 12 month period, had not provided prior express written consent, and who had placed their number on the National Do Not Call Registry.

Basile estimates that these two Classes include thousands of consumers like herself who received unsolicited text messages from Jenny Craig.

The Jenny Craig TCPA class action lawsuit seeks actual damages, statutory damages, court costs, and attorneys’ fees.

Basile and the proposed Class are represented by Robert Ahdoot and Bradley K. King of Ahdoot & Wolfson PC; Scott Edelsberg of Edelsberg Law PA; and Andrew J. Shamis of Shamis & Gentile PA.

The Jenny Craig Advertising Text Messages Class Action Lawsuit is Basile v. Jenny Craig Inc., Case No. 3:19-cv-00788-LAB-BGS, in the U.S. District Court for the Southern District of California.

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Join a Free TCPA Class Action Lawsuit Investigation

If you were contacted on your cell phone by a company via an unsolicited text message (text spam) or prerecorded voice message (robocall), you may be eligible for compensation under the Telephone Consumer Protection Act.

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