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.