March 28, 2023

Volume XIII, Number 87


March 27, 2023

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TCPA Lawsuit Targets Delivery Giant: Grubhub Sued in Nationwide TCPA Class Action over Allegedly Unwanted Texts and Voicemail

Grubhub may be working hard to deliver tasty meals to your home but it is also filling your voicemail box with unwanted messages—at least according to a recent TCPA class action filed in the Northern District of Illinois.

In a Complaint filed yesterday Plaintiff Donna Marshall contends that Grubhub called her cell phone dozens, or perhaps hundreds, of times using a device “programmed to sequentially or randomly access, dial, and call [] stored telephone numbers.” Marshall contends that Grubhub “effectively prevent[ed] her from using her phone” and “clogg[ed] up” her voicemail.

Marshall contends she asked for these calls to stop on more than one occasion but they continued even after a Grubhub employee told her the “problem was fixed.”  Marshall contends the calls violated er privacy and the privacy of putative class members.

The class is defined as: All persons in the United States whose cellular telephone number Grubhub called using similar dialing equipment as was used to call Plaintiff, or an artificial or prerecorded voice, where the recipient had not provided such number to Grubhub, and where such call occurred on or after the date four years prior to the filing of this action.

Notably other delivery and rideshare companies have faced a number of TCPA class actions over the past few months, with these entities commonly seeking to compel arbitration of such suits. It remains to be seen how Grubhub responds to the suit and whether the allegations have any merit.

© 2023 Troutman FirmNational Law Review, Volume IX, Number 156

About this Author

Eric Troutman TCPA Lawyer Troutman Law Firm Orange County, CA

Eric J Troutman is known as one of the country’s prominent class action defense lawyers and is nationally recognized in Telephone Consumer Protection Act (TCPA) litigation and compliance. He has served as lead defense counsel in more than 70 national TCPA class actions and has litigated nearly a thousand individual TCPA cases in his role as national strategic litigation counsel for major banks and finance companies. Eric also helps industry participants build TCPA-compliant processes, policies, and systems.

Eric's perspective allows him to...