An Illinois resident accused DoorDash Inc. of Telephone Consumer Protection Act (TCPA) violations for making pre-recorded calls to their cell phone nearly 250 times in the last six months, despite the plaintiff’s alleged total lack of affiliation with the food ordering and delivery platform. The class action seeks to certify both a TCPA class for individuals called without consent and a “right to privacy” class for those who received calls from DoorDash after specifically requesting not to receive them.
The complaint, filed in federal court in Chicago, Ill. asserts that DoorDash is a California-based food delivery service that enables individuals to order food from local restaurants, delivered to them by a DoorDash-affiliated courier. “As part of its business operations, DoorDash places telephone calls to restaurants that are listed as vendors on DoorDash’s website or mobile app, as well as DoorDash’s customers,” the suit says.
Yet, the calls placed to the plaintiff allegedly sought to ascertain local restaurants’ hours of operation or location and sometimes pertained to issues with patrons’ orders from a local restaurant. The plaintiff made multiple attempts to halt the unwanted calls, by both calling the company directly a half-dozen times and using an online complaint form, but to no avail.
The plaintiff, on behalf of the putative classes, seeks to halt DoorDash’s illegal robocalling habits and also an award of damages including $500 per TCPA violation and $1,500 per wilful violation. The plaintiff and putative class are represented by Zimmerman Law Offices P.C.
The suit is at least the second TCPA class action DoorDash has received in the last two years. Another case filed against it last February was voluntarily dismissed a month later, Law Street Media reported.