in Newswire Published on July 28, 2022

Martha Stewart’s Meal Kit Delivery Service Marley Spoon Hit with Lawsuit Over Alleged Spam Texts

Eppes v. MMM Consumer Brands, Inc.

Filed: July 26, 2022 ◆§ 1:22-cv-06341

Marley Spoon sent unlawful telemarketing text messages to consumers’ cell phones without obtaining their prior consent to be contacted, a class action claims.

Defendant(s)

MMM Consumer Brands, Inc.

Law(s)

Telephone Consumer Protection Act

State(s)

New York

Martha Stewart’s meal kit delivery service, Marley Spoon, sent unlawful telemarketing text messages to consumers’ cell phones without obtaining their prior consent to be contacted, a proposed class action claims.

The 13-page lawsuit alleges MMM Consumer Brands, Inc., which does business as Marley Spoon, has violated the Telephone Consumer Protection Act (TCPA), a federal law that prohibits the use of automatic telephone dialing equipment to send telemarketing calls or texts unless the recipient has first provided express written consent to receive the communications.

The lawsuit was filed by a Dinwiddie County, Virginia resident who says Marley Spoon began “bombarding” her cell phone with telemarketing texts beginning on May 2, 2022.

The plaintiff claims that although she attempted to opt out of receiving the texts by following the defendant’s opt-out instructions and replying with “OUT,” she received another message on May 16 of that year.

According to the case, Marley Spoon has no written policy for maintaining an internal do-not-call list and does not train its telemarketing personnel on the existence and use of such a list, as required by the TCPA.

Moreover, the plaintiff says she never provided her consent to be contacted with telemarketing messages, and that any such consent was revoked when she responded to the defendant’s message with “OUT.” Per the case, the plaintiff has no existing business relationship with Marley Spoon.

The lawsuit further claims that the plaintiff’s phone number has been listed on the National Do-Not-Call Registry since at least March 7, 2022. As the case tells it, the TCPA prohibits persons and entities from placing telephone solicitations to any residential phone number listed on the National Do-Not-Call Registry.

The case looks to represent the following two classes:

“All persons within the United States who, within the four years prior to the filing of this Complaint, were sent a text message from Defendant or anyone on Defendant’s behalf, to said person’s cellular telephone number after making a request to Defendant to not receive future text messages.”

“All persons in the United States who from four years prior to the filing of this action (1) were sent a text message by or on behalf of Defendant; (2) more than one time within any 12-month period; (3) where the person’s telephone number had been listed on the National Do Not Call Registry for at least thirty days; (4) for the purpose of selling Defendant’s products and services; and (5) for whom Defendant claims (a) it did not obtain prior express written consent, or (b) it obtained prior express written consent in the same manner as Defendant claims it supposedly obtained prior express written consent to call the Plaintiff.”

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