Walmart Class Action Says Pharmacy Sends Unwanted Texts

A recent class action lawsuit claims that Walmart sends unsolicited text messages to consumers without their consent.

Plaintiff Kevin Yashtinsky allegedly received a two part text message from Walmart in April 2019.

Sent from a short code owned by Walmart, the messages reportedly said:

“WalmartRx –  1 of 2 – REPLY NEEDED. TO begin receiving automated messages on your prescriptions, please reply YES. To decline reply STOP” and

“WalmartRX – 2 of 2 – Terms & Conditions at Walmart.com/alerterms Msg & data rates may apply. Reply HELP for help, STOP to unenroll.”

Yashtinsky claims that he is not a customer of Walmart Pharmacy and never enrolled in the company’s prescription messaging program, meaning that he never consented to receive text messages from them.

Furthermore, Yashtinsky says he enrolled his number on the National Do Not Call Registry in March 2013.

Because Walmart allegedly sent unsolicited text messages despite Yashtinsky not providing consent and registering his number on the national Do Not Call List, he claims that the massive retailer violated the Telephone Consumer Protection Act.

The Telephone Consumer Protection Act (TCPA) is a federal law that prohibits harassing telemarketing practices. A variety of behaviors are prohibited including: making robocalls using an automatic dialing system and/or prerecorded message; sending unsolicited text messages; sending unsolicited “junk faxes”; calling numbers on the national Do Not Call Registry; and more.

Under the TCPA, consumers can collect between $500 and $1,500 in statutory damages for each violation (i.e. for each call or text). If violations are negligent, consumers can collect up to $500. If violations are knowing and/or willful, consumers may be entitled to up to $1,500.

In his Walmart class action lawsuit, Yashtinsky claims the retailer both negligently and willfully violated the federal telemarketing law. He also claims that Walmart sent these texts to countless consumers, prompting him to file a class action lawsuit representing the hundreds of thousands of customers he estimates to be affected by the issue.

“These text message calls were made en masse using equipment that, upon information and belief, had the capacity to store or produce telephone numbers to be called, using a random or sequential number generator, and to dial such numbers,” Yashtinsky claims.

“By using such equipment, Defendant was able to send thousands of text messages simultaneously to thousands of consumers’ cellphones without human intervention.”

Yashtinsky seeks to represent a Class of consumers who were sent a text message by Walmart through an automatic dialing system and/or using a pre-recorded voice system within the last four years.

The Walmart TCPA class action lawsuit seeks $500 in statutory damages for every negligent TCPA violation, $1,500 in statutory damages for every knowing or willful TCPA violation, and injunctive relief.

Yashtinsky and the proposed Class are represented by James A. Streett of Streett Law Firm PA; Joe P. Leniski Jr. of Branstetter Stranch & Jennings PLLC; and Ronald A. Marron, Alexis M. Wood, and Kas L. Galluci of the Law Offices of Ronald A. Marron.

The Walmart Unwanted Text Messages Class Action Lawsuit is Yashtinsky v. Walmart Inc., Case No. 5:19-cv-05105-TLB, in the U.S. District Court for the Western District of Arkansas.

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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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