Albertsons Telemarketing Text Messages TCPA Class Action

This class action brings suit against Albertsons Companies, Inc., one of the largest supermarket companies in the US, with locations in thirty states. The complaint alleges that Albertson’s violated the Telephone Consumer Protection Act (TCPA) when it sent unwanted text messages to consumers without first getting their consent to receive such messages.

The class for this action is all persons in the US to whose cell phones Albertsons or its agent, affiliate, or subsidiary sent a text message, using a short code, without the persons’ express written consent, between April 17, 2016 and April 17, 2020.

Congress intended that the TCPA protect consumers from unchecked telemarketing. It found that “[b]anning such automated or prerecorded telephone calls to the home, except when the receiving party consents to receiving the call or when such calls are necessary in an emergency … is the only effective means of protecting telephone consumers from this nuisance and privacy invasion.”

Cell phone owners were a particular concern, because they normally pay for incoming as well as outgoing calls.

Under the TCPA, it is unlawful for a business to make non-emergency calls to consumer cell phones, using an automatic dialing system or an artificial or prerecorded voice, unless it has the consumers’ prior express written consent.

Nevertheless, on or about March 8, 2020, plaintiff Thane Charman received a call on his cell phone from a business. The message read, “Albertsons: Welcome to just for U. Here’s the link to finish your registration.” After that came a link. The message finished, “Msg & Dat[a] Rates May Apply.” The link leads to a Safeway account registration website. (Safeway is one of Albertsons supermarket chains.)

On this website, the Privacy Policy hyperlink connects to another web page that states, “You may opt out of a text message program at any time by texting the word STOP to the applicable short code…” However, the text message sent to Charman did not offer a method to tell the company to stop sending messages.

Charman does not have an account with Albertsons and had not shopped there, the complaint says, for at least a year before he received the text message.

The complaint alleges that the message sent to Charman was sent to other consumers in a mass distribution via an automatic telephone dialing system.

The message sent to Charman was telemarketing, the complaint alleges, advertising the store chain’s Just for U” rewards program. However, it says, Charman never provided the company with his prior express written consent.

Article Type: Lawsuit
Topic: Privacy

Most Recent Case Event

Albertsons Telemarketing Text Messages TCPA Complaint

April 17, 2020

This class action brings suit against Albertsons Companies, Inc., one of the largest supermarket companies in the US, with locations in thirty states. The complaint alleges that Albertson’s violated the Telephone Consumer Protection Act (TCPA) when it sent unwanted text messages to consumers without first getting their consent to receive such messages.

Albertsons Telemarketing Text Messages TCPA Complaint

Case Event History

Albertsons Telemarketing Text Messages TCPA Complaint

April 17, 2020

This class action brings suit against Albertsons Companies, Inc., one of the largest supermarket companies in the US, with locations in thirty states. The complaint alleges that Albertson’s violated the Telephone Consumer Protection Act (TCPA) when it sent unwanted text messages to consumers without first getting their consent to receive such messages.

Albertsons Telemarketing Text Messages TCPA Complaint
Tags: TCPA, Unsolicited Text Messages