Amenify Sent Telemarketing Texts to Consumers After They Opted Out, Class Action Alleges

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Amenify Corporation has unlawfully sent telemarketing text messages to consumers’ cell phones, even after they’ve requested that the texts stop, according to a proposed class action.

The 12-page case was filed by a Washington, D.C. resident who claims Amenify, a real estate technology company that offers cleaning, chores, housekeeping, dog walking, food delivery and other services for multifamily residents, sent him at least two automated text message advertisements after he attempted to unsubscribe.

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Per the suit, Amenify has run afoul of the Telephone Consumer Protection Act (TCPA), a federal law that prohibits the use of automatic telephone dialing equipment to send telemarketing messages without a recipient’s prior express consent.

The plaintiff says he began receiving telemarketing texts from Amenify in September 2022, as the image below purports to show:

According to the filing, the plaintiff replied with “STOP” in an attempt to opt out of receiving further texts from the company. In response, Amenify “[i]mmediately” sent an automated opt-out confirmation informing the plaintiff that he was unsubscribed and that no more messages would be sent, the suit relays.

The lawsuit alleges that the plaintiff nevertheless received two more text messages from Amenify on September 23 and 29, 2022 that promoted the company’s professional cleaning service.

Amenify likely does not have a written policy for maintaining an internal do-not-call list as required by the TCPA and does not inform or train its employees on the existence and use of such a list, the lawsuit posits.

The plaintiff says Amenify’s text messages caused him “actual harm,” including “invasion of his privacy, aggravation, annoyance, intrusion on seclusion, trespass, and conversion,” not to mention inconvenience and a disruption to his daily life.

The suit looks to cover anyone in the U.S. who, within the past four years, was sent a text message from Amenify, or anyone on its behalf, to their cell phone number after making a request not to receive further text messages from Amenify.

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