Class Action Claims Earth Fare Sent Illegal Spam Texts Without Recipients’ Consent

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Earth Fare, Inc. is facing a proposed class action lawsuit in Florida that claims the health and wellness supermarket sent illegal marketing texts to consumers.

The lead plaintiff in the case says he received the following text message on September 25, 2019 advertising Earth Fare’s products:

“EARTHFARE: STARTS NOW! The $5/lb GRASS FED Round Up Featuring Whole Strip Loin, Skirt & Flank Steak, & Tri-Tip! [link]Reply STOP to opt-out.”

According to the lawsuit, the message was sent without the plaintiff’s consent and via an automatic telephone dialing system (ATDS) capable of randomly or sequentially generating phone numbers and sending out texts “en masse” without human intervention.

Under the Telephone Consumer Protection Act (TCPA), the suit explains, companies are required to obtain the express written consent of recipients before sending out mass marketing texts via an ATDS. The complaint contends that Earth Fare violated this statute by using an ATDS to send “thousands” of mass-marketing texts to consumers who had not provided their express written consent to receive such messages. These texts caused the recipients “invasion of their privacy, aggravation [and] annoyance,” according to the case.

The lawsuit looks to represent a putative class comprising all persons in the U.S. who received a text from the defendant that was sent using the same type of equipment used to contact the plaintiff. Originally filed in the Circuit Court for Palm Beach County, Florida, the suit has since been removed to the state’s Southern District Court.