HelloFresh Hit with Class Action Over Alleged Spam Texts

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A proposed class action alleges HelloFresh has sent unlawful telemarketing text messages to consumers’ cell phones without consent.

According to the 13-page lawsuit, defendant Grocery Delivery E-Services USA, Inc., who does business as meal kit delivery company HelloFresh, has violated the Florida Telephone Solicitation Act (FTSA), a state law that prohibits the use of an “automated system” to place telemarketing calls without the a recipient’s express written consent.

The plaintiff in the case is an Ocala, Florida resident who says he received the following text message from HelloFresh on July 1, 2021:

Per the case, the text message sent to the plaintiff was placed by way of an “automated system for the selection or dialing of telephone numbers” as defined in the FTSA. More specifically, the lawsuit says the defendant used a system that allowed it to send telemarketing texts en masse using hardware or software capable of selecting and dialing numbers in an automated manner without human intervention.

The plaintiff says he never gave HelloFresh prior express written consent to send the telemarketing text message. The message invaded the plaintiff’s privacy and intruded upon his seclusion given his cell phone alerts him whenever he receives a text message, the suit claims.

The lawsuit looks to represent anyone in Florida who, at any time since July 1, 2021, received a “telephonic sales call” (which includes text messages) made by or on behalf of HelloFresh using the same type of equipment used to send the text message to the plaintiff.

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