[author Eric Troutman]
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 for 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.
Enjoy!
[View source.]
