On Monday, an individual filed a class-action complaint in the Northern District of California against DoorDash for purportedly violating the Telephone Consumer Protection Act (TCPA) by sending unsolicited text messages and phone calls to the plaintiff.
The plaintiff alleged that in November 2020, he started to receive “numerous unsolicited and unwanted text messages and phone calls from Defendant to his cellular phone number.” The plaintiff noted that during all relevant times, he was “the sole subscriber, owner, processor, and operator of his cellular telephone number.” The plaintiff added that he “is and has always been financially responsible for this telephone and its services.” However, the plaintiff averred that DoorDash’s “text messages and calls were regarding deliveries for a customer” with a different name that the plaintiff did not know.
Additionally, the plaintiff claimed that he “never used the DoorDash app nor does he have it installed on his cellular phone.” Moreover, the plaintiff asserted that in December he answered a phone call from DoorDash, during which the plaintiff “explained that the text messages and phone calls were disturbing to him, that he did not have DoorDash, and that he was not” the named person that DoorDash was purportedly trying to contact. However, according to the plaintiff, DoorDash continued to text and call the Plaintiff. The plaintiff proffered that he continued to inform DoorDash that the company had the wrong party, but DoorDash allegedly continues to send him text messages and automated calls, “often with multiple text messages and calls being sent within an hour.”
The putative class covers: “All persons in the United States who from four years prior to the filing of this action (1) Defendant (or an agent acting on behalf of Defendant) texted, () for substantially the same reason Defendant texted Plaintiff, (3) after they informed Defendant they were the wrong party, (4) using automated messaging.”
DoorDash is accused of violating the TCPA for repeatedly sending “frequent non-emergency text messages…to Plaintiff’s cellular telephone number using a telephone facsimile machine (‘TFM’) (or an automated telephone dialing system (ATDS)) or transmitting text without Plaintiff’s prior consent.” As a result, the plaintiff contended that he has been harmed by this purported conduct.
The plaintiff has sought declaratory judgment in his favor, class certification and for the plaintiff and his counsel to represent the class, an award for damages, an injunction, and other relief.
The plaintiff is represented by Sulaiman Law Group.
