Class Action Claims Office Depot ‘Bombarded’ Consumers with Unsolicited Marketing Texts

New to ClassAction.org? Read our Newswire Disclaimer

Office Depot, Inc. faces a proposed class action lawsuit that claims the retailer illegally “bombarded” customers with automated marketing text messages and continued to do so after receiving requests to stop.

Filed in the Southern District of California, the case claims the plaintiff received a text on August 20, 2019 advertising Office Depot’s goods and services. Although the text allegedly included instructions to “Text STOP to opt-out,” the lawsuit alleges Office Depot ignored the plaintiff’s request for the messages to cease and sent the man approximately 21 more texts. The complaint claims the plaintiff never consented to receive Office Depot’s texts and any consent that may have existed was specifically revoked when he attempted to opt out.

According to the case, the defendant’s texts consisted of generic, “pre-written templates of impersonal text” that were sent out en masse via an automatic telephone dialing system (ATDS). Under the Telephone Consumer Protection Act (TCPA), it is illegal to send autodialed text messages without first obtaining prior express written consent from the recipient, the lawsuit explains.

The lawsuit looks to represent all U.S. consumers who received a text message sent by way of an ATDS from Office Depot after attempting to opt-out by replying “STOP” to the defendant’s message within four years of the complaint’s filing. The suit seeks damages of up to $1,500 for each allegedly illegal text message sent by the defendant to proposed class members.