Home Depot Hit with Class Action Over Alleged Pro Referral Text Messages

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Home Depot faces a proposed class action that alleges the retailer has continued to send automated texts as part of its Pro Referral service after consumers have requested to opt out of the program.

The 11-page lawsuit alleges Home Depot’s texts violate the Telephone Consumer Protection Act (TCPA), a federal law that prohibits the sending of automated, non-emergency telemarketing messages unless a recipient has expressly consented to receive them.

The plaintiff claims to be one of possibly “several thousands” of consumers who have received the defendant’s allegedly unauthorized text messages sent in violation of the TCPA.

Home Depot has over the past few months “continue[d] to bombard” the plaintiff’s cell phone with marketing text messages despite her numerous requests to no longer receive the texts, the case alleges. The complaint includes the following screenshots purporting to depict examples of the automated messages:

Per the case, the plaintiff continued to receive the Pro Referral messages even after using the “stop” keyword to unsubscribe. The lawsuit claims the texts are the result of Home Depot’s failure to implement a written policy for maintaining a do-not-call list and instruct employees on the existence and use of the list.

According to the suit, Home Depot’s allegedly unsolicited messages have caused the plaintiff harm, including “invasion of privacy, aggravation, annoyance, and wasted time.”

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