Temu Lawsuit Claims Alleged Spam Texts Violate Federal Privacy Statute

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Temu has been hit with a proposed class action lawsuit wherein two consumers say they’ve received unsolicited text messages from the online marketplace despite having never provided consent to be contacted.

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The 16-page privacy lawsuit alleges that Whaleco Inc., which does business as Temu, violated the federal Telephone Consumer Protection Act (TCPA) when it sent unwanted telemarketing texts to the plaintiffs—New Jersey and Michigan residents whose respective cell phone numbers have been listed on the National Do Not Call Registry since August 2010.

According to the class action suit, the TCPA is designed to safeguard consumers from unsolicited telemarketing communications. Per the case, the law prohibits companies from using automated telephone equipment to place a call or send a text message to a wireless phone number without first obtaining express written consent from the recipient. The TCPA also bars entities from contacting non-business phone numbers before 8 a.m. and after 9 p.m., the complaint adds.

In addition, the federal law stipulates that businesses may not contact any phone number listed on the National Do Not Call Registry, the filing shares.

The lawsuit against Temu claims the company has plainly violated these regulations by sending numerous promotional texts to the plaintiffs “at all hours of the day” without their authorization and despite their longstanding presence on the National Do Not Call Registry.

The suit looks to represent anyone in the United States who, in the past four years, received more than one promotional text message from Temu (or an affiliate, subsidiary or agent thereof) within any 12-month period and more than 30 days after registering their telephone number on the National Do Not Call Registry.

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