Schwan’s Home Service Sued Over Marketing Text Messages
by Nadia Abbas
Last Updated on July 25, 2018
Yepes v. Schwan's Home Service, Inc.
Filed: July 12, 2018 ◆§ 9:18cv80922
Schwan’s Home Service, Inc. is facing a proposed class action that claims the company engaged in unlawful telemarketing practices.
Schwan’s Home Service, Inc. is facing a proposed class action that claims the company engaged in unlawful telemarketing practices to promote its online grocery services. The plaintiff alleges that the defendant sent him unsolicited promotional text messages on 24 occasions between March 2017 and May 2018.
The lawsuit argues that the impersonal content of the text messages indicates the use of an automatic telephone dialing system (ATDS) in which promotional text messages were sent en masse. The plaintiff received text messages that included generic promotional content, such as “One-Day Sale! Save up to 15 dollars on your order,” the case says. According to the lawsuit, it is unlawful to send automated telemarketing texts to consumers without having their express consent to do so. The plaintiff alleges that he never provided the defendant with his consent to be contacted, making the defendant’s messages unlawful.
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