Federal district court approves $14 million settlement in TCPA class action

On October 15, 2021, the US District Court for the District of Massachusetts issued a final order approving the class action settlement between Grocery Delivery E-Services USA Inc., a German meal-kit provider headquartered in New York and doing business as HelloFresh, and plaintiffs claiming to have received unsolicited telemarketing calls from the company despite being listed on the National Do Not Call Registry, in violation of the Telephone Consumer Protection Act.

The lead plaintiff alleged in her complaint that three years after discontinuing her subscription with HelloFresh, and twelve years after listing  her telephone number on the NDNCR, she began receiving autodialed telemarketing calls from HelloFresh.  Despite her declination of any further relationship with the company, and despite her express request to the company’s representative that she be placed on HelloFresh’s internal do not call list, the plaintiff continued to receive calls – at least fifteen of them. 

The final order issued by the court certifies the settlement class, orders the establishment of a settlement fund of $14 million, and allows the payment of attorneys’ fees, settlement administrator expenses, and service awards to the lead plaintiffs from the settlement fund.

Order | Settlement Agreement | Amended Complaint 

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