DOUBLE THE YUM?: Alleged Unsolicited Marketing Texts Get Omaha Steaks into a TCPA Class Action–And the Wolf is Hungry!

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Omaha Steaks is in a bunch of trouble right now following alleged wrong number text messages sent to promote its tasty beef offerings.

Specifically the Plaintiff in the new suit alleges receipt of unsolicited text messages from Short code 51803 offering to “Double the Yum” with a buy 1 and get 1 free offer.

Other SMS messages followed, all of which apparently came from Omaha Steaks.

The Plaintiff–one Justin Nelson of Michigan–claims the messages were intended from somebody else because he did not request them.

Plaintiff contends he received the messages although his number was on the DNC list and seeks to represent a class of:

All persons throughout the United States (1) who did not provide their telephone
number to Defendant, (2) to whom Defendant delivered, or caused to be delivered,
more than one voice message or text message within a 12-month period, promoting
Defendant’s 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 Defendant 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.

The complaint was filed by the Wolf of the TCPA– Anthony Paronich– so you can bet he will be looking to take a big hunk out of Omaha Steaks here.

Full complaint here: Omaha Steaks Complaint

We’ll keep an eye on this.

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Published by Eric "Czar" Troutman

The Czar of TCPAWorld Eric Troutman is one of the country’s prominent class action defense lawyers and is nationally recognized in Telephone Consumer Protection Act (TCPA) litigation and compliance. He has served as lead defense counsel in more than 70 national TCPA class actions and has litigated nearly a thousand individual TCPA cases in his role as national strategic litigation counsel for major banks and finance companies. He also helps industry participants build TCPA-compliant processes, policies, and systems. Eric has built a national litigation practice based upon deep experience, rigorous analysis and extraordinary responsiveness. Eric and his team feel equally at home litigating multibillion dollar telecommunications class actions in federal court as they do developing and executing national litigation strategies for institutions facing an onslaught of individual TCPA matters. They thrive in each of these roles – delivering consistently excellent results – while never losing sight of the client experience. While many firms now tout TCPA expertise, Eric has been there from the beginning. He built one of the country’s first TCPA-only defense teams and began serving as national TCPA counsel for his clients nearly a decade ago. This perspective allows him to swiftly develop the right litigation strategies for dealing with recurring problems, without wasting time on tactics that are bound to fail. Eric’s rich historical perspective and encyclopedic knowledge of the TCPA landscape also make him an invaluable resource to institutional compliance teams struggling to comply with the shifting regulatory landscape. No task is too small – or too big. Indeed, Eric and his team have helped build TCPA-compliant systems and processes for some of the largest and most complex corporate entities in the country. He commonly works with in-house compliance counsel to build and implement enterprise and business-line specific TCPA solutions, performs TCPA audits and drafts and reviews proposed TCPA policies and procedures. He and his team also have the technical expertise necessary to assist call centers seeking to develop TCPA-resistant call path architecture or to modify existing telephony and software integration to better insulate from potential TCPA exposure. Eric has built a reputation for thought leadership. An avid blogger and speaker, he has been at the forefront of the industry’s effort to push for clarity and a return to sanity for the TCPA for years. He was selected to advocate for the financial services industry on important TCPA issues before the Federal Communications Commission and co-authored the nation’s only comprehensive practice guide on TCPA defense. In his spare time, Eric leads defense teams representing banks and other financial services companies in consumer finance litigation matters. He has experience representing clients in UCC, TILA, RESPA FCRA, CCRA, CLRA, FDCPA, RFDCPA and FCCPA claims, as well as in fraud and bank operations issues.

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