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Woman says Star Market wouldn't stop sending her text messages no matter how many times she replied STOP, so she sues

Message confirming opt-out, followed by new ad text

Star said it would leave her alone, then didn't, based on her texts.

A woman who says she is fed up with the weekly messages Star Market sends her about sales and stuff yesterday sued the chain under a federal law that's requires marketers give consumers an actual way to opt out.

In her suit, filed in US District Court in Boston, Linnea Menin of Middlesex County hopes to become the lead plaintiff in a class action against the supermarket chain over the alleged violations of the Telephone Consumer Protection Act, both to get Star Market to knock it off, already and to pay $1,500 per violating message.

Through this action, Plaintiff seeks injunctive relief to halt Defendant’s illegal conduct, which has resulted in the invasion of privacy, harassment, aggravation, and disruption of the daily life of thousands of individuals.

The complaint alleges:

Plaintiff has asked Defendant many times to stop contacting her but Defendant continues to send her text messages.

Plaintiff first wrote stop on June 23, 2023 and Defendant acknowledged the request that same day.

Despite the request, Defendant sent Plaintiff text message solicitations on June 30, 2023, July 7, 2023 and July 14, 2023.
...

Plaintiff attempted to opt-out of Defendant's text message solicitations by responding, but Defendant continued to text message Plaintiff. Notably, many of the text messages sent by Defendant contained no instructions on how to opt-out, and Plaintiff was left helpless in attempting to stop the solicitations.

The complaint continues:

Defendant's failure to honor opt-out requests demonstrates that Defendant does not 1) maintain written policies and procedures regarding its text messaging marketing; (2) provide training to its personnel engaged in telemarketing; and/or (3) maintain a standalone do-not-call list.

Defendant's failure to (1) maintain the required written policies and procedures, (2) provide training to its personnel engaged in telemarketing, (3) maintain a standalone do-not-call list, and (4) honor consumer opt-out requests caused Plaintiff and the class members harm as they continued to receive text message solicitations after asking for those messages to stop. ...

Defendant's telephonic sales calls caused Plaintiff and the Class members harm, including statutory damages, inconvenience, invasion of privacy, aggravation, annoyance, and violation of their statutory privacy rights.

Defendant's text message spam caused Plaintiff and the Class members harm, including violations of their statutory rights, trespass, annoyance, nuisance, invasion of their privacy, and intrusion upon seclusion. Defendant's text messages also occupied storage space on Plaintiff's and the Class members' telephones.

Free tagging: 
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PDF icon Complete complaint263.03 KB


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Comments

All she had to do was block them and the problem would be solved.

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Under the law, the onus is on the sender of the messages, not the receiver.

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All they had to do was follow the law. Not hard when you are a large chain and it's literally your obligation

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On Android, you get a silent notice that spam was received and the text is put into a spam folder that needs to be cleared out from time to time.

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For the family and friends that have to receive your green texts

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Did she try texting STOP & SHOP?

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HG wins today!

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Lawsuits, the bread and butter of the legal profession.

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I swear to god, let anyone bring a lawsuit about anything and you bots come screeching out of the woodwork. "LAWSUIT BAD! LAWSUIT BAD! LAWYERS ARE LEECHES!" The suit is legit so stop being a knee-jerking clown.

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the irony is, trolls like that's comments get approved. I leave a sensible comment and the mods never approve it. This site is just weird.

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That's like saying "roof repair, the bread and butter of the roofing profession".

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“Hey… you up?”

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It's bad enough when businesses slide into my text messages, but not honoring the one main legal obligation they have around them? That's a paddlin'.

May she prevail.

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Get that money get paid!

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Star Market, see what makes us shine!

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I signed up for their mailing list and got a free t-shirt. A couple years later I was fed up with the emails and clicked unsubscribe. The emails continued. I unsubscribed a couple more times. No improvement. I sent them an email threatening them to sue under CANSPAM. They still kept coming. Finally I was able to login to whatever "account" I had created and changed my email address to something bogus and that worked. I'm NOT defending them, but this can happen, even to large organizations.

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this can happen, even to large organizations.

Of course it can happen, if the organization in question is delinquent in its legal responsibilities. That's why there's a lawsuit.

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This will be settled out of court for a lump sum.

Gonna take a wild guess that Albertson's outsources this to another company who didn't care or have a good policies. It happens. No excuse tho.

Albertson's is a big company with deep pockets. They can settle this out of court and make it go away.

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...if the plaintiff has any brains.

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