TCPA Class Action Filed Against Edible Arrangements Over Unsolicited Texts

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A proposed class action lawsuit citing alleged violations of the Telephone Consumer Protection Act (TCPA) has been filed in New Jersey against Edible Arrangements International, LLC. The complaint claims the defendant unlawfully sent commercial text messages to the plaintiff without receiving prior express permission and despite a demand that they stop.

The plaintiff claims that in December 2016 she consented to receive automated commercial text messages from Edible Arrangements. These messages, the case alleges, are sent using an automatic telephone dialing system that has the capacity to store or produce consumer phone numbers. At a later date, the plaintiff withdrew her consent to receive advertisement texts from the defendant and demanded multiple times that they stop sending her messages.

“Notwithstanding [the] plaintiff’s unequivocal demand that such text messages cease, [the] defendant refused to stop sending texts to the plaintiff, claiming that they only way [she] could withdraw her consent to receive unwanted texts from [the] defendant was to text ‘STOP’ to [the] defendant,” the lawsuit contends.