Hello Fresh is stuck in a federal TCPA lawsuit in Nebraska after allegedly spamming a consumer with text messages after she had requested the messages stop.

In Rivera v. Every Plate, Inc. and Hello Fresh, 2026 WL 1895645 (D. Ne. June 30, 2026) a court reviewed allegations brought by a pro se plaintiff and found they had sufficient merit to permit the case to continue:

Plaintiff alleges she received 45 unsolicited promotional text messages that were sent to her cell phone (with number ending in 0787) from Defendant Every Plate and/or Hello Fresh (“Every Plate”) between July 10, 2025, and October 1, 2025, even after she opted out. Filing No. 1 at 13–17.

The Court finds that the allegations of Plaintiff’s Complaint are sufficiently detailed to give Defendants fair notice of the alleged TCPA violations and to permit the Court to draw a reasonable inference that Defendants are liable for the alleged misconduct.

A little unclear whether the claims can proceed on a DNC theory or an ATDS theory but either way the court found receipt of unwanted marketing text messages after a stop request violate the TCPA.

Hello Fresh is far from the first company to face a TCPA suit over alleged spam text messages– these suits are commonly brought by consumers (often as class actions) as the TCPA enables a private right of action with a recovery of up to $1,500.00 per illegal message. Companies facing class action suits brought under the statute may face billions of dollars in aggregated exposure.