D’ART OF WAR: Family Favorite Food Supplier Prepares For TCPA Battle.

Hey TCPAWorld!

Things are heating up as we’re less than two weeks away from one-to-one consent starting January 27, 2025. If your business engages in telemarketing or relies on leads, get in touch with Troutman Amin for your TCPA compliance needs.

With that being said, the TCPA complaint we’re covering this week includes a familiar name. D’Artagnan Inc., renowned for its gourmet food, has recently become the target of a TCPA lawsuit. Ariane Daguin, its CEO and founder, has revolutionized the culinary world as a female chef and entrepreneur, championing high-quality and ethically sourced ingredients since 1985. While its reputation for quality endures, the gourmet food giant now finds its telemarketing operations tested at the forefront of a TCPA dispute.

In MCGONIGLE v. D’ARTAGNAN, INC., No. 1:25-CV-00052 (E.D. Va. Jan. 11, 2025), McGonigle (“Plaintiff”) alleges that even though Plaintiff has been listed on the National Do-Not-Call Registry (“DNCR”) for over 10 years, D’artagnan, Inc. (“Defendant”) delivered at least eight telemarketing text messages to Plaintiff’s residential number, on at least seven separate days in September 2024. One example reads:

D’Artagnan: Don’t miss out! Enjoy $15 flat rate shipping + 10% OFF on all orders. Sale ends tonight. Shop now: https://dartagnan.attn.tv/agwvswGzqaA7

Id. at ¶ 13. Due to these accusations, Plaintiff filed a Complaint in the Eastern District of Virginia alleging Defendant violated the DNC provisions, 47 U.S.C. 227(c)(5) and 47 C.F.R. § 64.1200(c), by delivering telemarketing messages to Plaintiff, while Plaintiff was listed on the DNCR.

Plaintiff seeks to represent the following class:

All persons throughout the United States (1) who did not provide their telephone number to D’Artagnan, Inc., (2) to whom D’Artagnan, Inc. delivered, or caused to be delivered, more than one voice message or text message within a 12-month period, promoting D’Artagnan, Inc. goods or services, (3) where the person’s residential or cellular telephone number had been registered with the National Do Not Call Registry for at least thirty days before D’Artagnan, Inc. delivered, or caused to be delivered, at least two of the voice messages or text messages within the 12-month period, (4) within four years preceding the date of this complaint and through the date of class certification.

Id. at ¶ 21.

Scrub your leads against the DNCR. As the American animated sitcom legend Hank Hill frequently said: “taste the meat, not the heat.” For TCPA defense and compliance solutions, trust the team at Troutman Amin.