HELLO LAWSUIT: Hello Fresh Caught in TCPA Suit After Allegedly Failing to Honor a Consumer Opt Out

Add a comment

Hello Fresh is stuck in a federal TCPA lawsuit in Nebraska after allegedly spamming a consumer with text messages after she had requested the messages stop.

In Rivera v. Every Plate, Inc. and Hello Fresh, 2026 WL 1895645 (D. Ne. June 30, 2026) a court reviewed allegations brought by a pro se plaintiff and found they had sufficient merit to permit the case to continue:

Plaintiff alleges she received 45 unsolicited promotional text messages that were sent to her cell phone (with number ending in 0787) from Defendant Every Plate and/or Hello Fresh (“Every Plate”) between July 10, 2025, and October 1, 2025, even after she opted out. Filing No. 1 at 13–17.

The Court finds that the allegations of Plaintiff’s Complaint are sufficiently detailed to give Defendants fair notice of the alleged TCPA violations and to permit the Court to draw a reasonable inference that Defendants are liable for the alleged misconduct.

A little unclear whether the claims can proceed on a DNC theory or an ATDS theory but either way the court found receipt of unwanted marketing text messages after a stop request violate the TCPA.

Hello Fresh is far from the first company to face a TCPA suit over alleged spam text messages– these suits are commonly brought by consumers (often as class actions) as the TCPA enables a private right of action with a recovery of up to $1,500.00 per illegal message. Companies facing class action suits brought under the statute may face billions of dollars in aggregated exposure.

Awful stuff.

If you’re a company using messaging to communicate with customers you MUST make TCPA compliance a priority. Troutman Amin, LLP is recognized as the best TCPA firm in the nation and can assist with your compliance and TCPA defense needs.

Reach out today for  free consult.

Chat soon.

Discover more from TCPAWorld

Subscribe to get the latest posts sent to your email.

Categories:

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.

Leave a Reply