Wayfair class action alleges retailer sends unsolicited text messages 

Wayfair class action overview: 

• Who: Plaintiff Ty Stricker filed a class action lawsuit against Wayfair LLC. 
• Why: Stricker claims Wayfair sends unsolicited marketing text messages and continues to send them after an individual opts out.
• Where: The Wayfair text messages class action was filed in federal court in Michigan.

A new Wayfair class action lawsuit claims the company sends unsolicited text messages to potential customers, and continues to send them after the individual opts out.

The class action, filed March 22, alleges the unsolicited Wayfair text messages violate the Telephone Consumer Protection Act (TCPA).

According to the lawsuit, Wayfair does not respond to opt-out attempts and does not maintain an internal do-not-call list that it honors in its communications.

“Defendant’s failure to honor opt-out requests demonstrates that defendant does not 1) maintain written policies and procedures regarding its text messaging marketing; (2) provide training to its personnel engaged in telemarketing; and/or (3) maintain a standalone do-not-call list,” the class action says.

Wayfair text messages continued after opt-out attempt, lawsuit claims

Plaintiff Ty Stricker has been on the National Do Not Call Registry since Nov. 16, 2005. 

Stricker says Wayfair began sending him multiple messages Feb. 5, and he asked the company to stop the messages that day.

Nevertheless, the Wayfair text messages continued, the plaintiff says, with the company sending messages on Feb. 10, 13, 17 and 27, and on March 5, 9 and 15.

“Defendant does not honor consumer requests to opt-out of text message solicitations,” the Wayfair class action claims. “Indeed, plaintiff attempted to opt-out of defendant’s text message solicitations by responding, but defendant continued to text message plaintiff.”

The TCPA allows for those who received the Wayfair text messages to receive $500 in statutory damages per negligent violation and $1,500 per violation for willful and knowing violation.

Another Wayfair class action from June 2023 accused the company of violating the Americans with Disabilities Act (ADA) by operating a website that is inaccessible to blind and visually impaired individuals.

Have you ever received unsolicited marketing text messages from Wayfair? Let us know in the comments.

The plaintiff is represented by Manuel S. Hiraldo of Hiraldo PA.

The Wayfair class action lawsuit is Stricker v. Wayfair LLC, Case No. 2:24-cv-10740-TLL-PTM, in the U.S. District Court for the Eastern District of Michigan.

Read About More Class Action Lawsuits & Class Action Settlements:

• DSW class action over spam text messages dismissed
• Albertsons class action claims retailer sends unwanted text messages
• FCC ruling makes AI-generated robocalls illegal
• Bath Fitter class action alleges company made unsolicited telemarketing phone calls