Temu text messages are ‘annoying’ and illegal, class action claims

Temu text messages class action lawsuit overview: 

• Who: Phyllis King filed a class action lawsuit against WhaleCo Inc., owners of e-commerce company Temu. 
• Why: King claims Temu sent telemarketing text messages to consumers with numbers registered on the national do-not-call registry, without their consent, in violation of the Telephone Consumer Protection Act. 
• Where: The class action lawsuit was filed in Massachusetts federal court. 

E-commerce company Temu sends telemarketing text messages to consumers whose phone numbers are listed on the national do-not-call registry, a new class action lawsuit alleges. 

Plaintiff Phyllis King’s class action lawsuit claims Temu sends the telemarketing text messages without consumers’ prior express written consent and in violation of the Telephone Consumer Protection Act (TCPA). 

“The TCPA and implementing regulations prohibit the initiation of telephone solicitations to residential telephone subscribers to the national do-not-call registry and provides a private right of action against any entity that makes those calls,” the Temu class action says. 

King wants to represent a class of consumers who, within the last four years, have received more than one telemarketing telephone phone call/text message from Temu within a 12-month period at a residential phone registered on the national do-not-call registry for at least 31 days, without providing prior express consent. 

Temu violated privacy of consumers with ‘annoying,’ ‘harassing,’ telemarketing calls, class action claims 

King argues Temu also violated the privacy of consumers with “annoying” and “harassing” calls which she says “constitute a nuisance.” 

“The calls also occupied Plaintiff’s and class members’ telephone lines, used up their time, and prevented them from receiving legitimate communications,” the Temu class action says. 

The plaintiff demands a jury trial and requests declaratory and injunctive relief and an award of statutory damages for herself and all class members. 

A consumer filed a separate class action lawsuit against Temu last September over claims the company’s customers are at an “ongoing risk” of having their personal information exposed due to the company’s allegedly relaxed security policies.  

Has Temu sent you a telemarketing text message without your consent? Let us know in the comments.

The plaintiff is represented by Joel D. Smith, Yeremey O. Krivoshey and Aleksandr “Sasha” Litvinov of Smith Krivoshey, PC. 

The Temu text messages class action lawsuit is King, et al. v. WhaleCo Inc., Case No. 1:24-cv-11720, in the U.S. District Court for the District of Massachusetts. 

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