Edible Arrangements Faces TCPA Class Action

Last week, a putative class action complaint was filed in the United States District Court for the District of Connecticut alleging that Edible Arrangements, LLC ("EA") sent automated text message advertisements without obtaining the prior express written consent of recipients in violation of the Telephone Consumer Protection Act ("TCPA").  The TCPA class action suit seeks statutory damages of $500 for each and every text message sent by EA in violation of the TCPA, treble damages of up to $1,500 per text, as well as injunctive relief and attorneys' fees.

How is Edible Arrangements Alleged to Have Violated the TCPA?

TCPA Class Action Allegations Against Edible Arrangements

According to the complaint, "[w]ithin the last four years, [EA] began placing text messages to Plaintiff's cellular telephone number . . . ."  The complaint alleges that advertisements, such as "'Edible' Save 20% on your Easter basket! The perfect dessert for kids & the whole family- order