Sharing a quick new filing in the United States District Court for the Northern District of Georgia.

So, Home Depot may be missing some tools in its toolbox. This plaintiff certainly thinks so.

According to the Complaint, Plaintiff did not consent to receive telemarketing messages from Home Depot. She alleges that she received 171 unsolicited text messages from Defendant, with more than 100 messages being received after Plaintiff’s numerous calls and requests to be added to Defendant’s internal Do-Not-Call List, and after registering her number on the National Do-Not-Call registry.

Plaintiff Castellano brought a class action against the home improvement Defendant and seeks to represent two national classes on behalf of herself and others similarly situated:

The National Do Not Call Registry Class

All natural persons in the United States who, from August 25, 2019 to the commencement of this litigation who received more than one telephone solicitation (either phone call or text message) from Defendant in a 12-month period on their residential landline or cellular line telemarketing Defendant’s products or service more than 31 days after registering their telephone number with the National Do-Not-Call Registry.

The Internal Do Not Class

All natural persons in the United States who, from August 25, 2019, to the commencement of this litigation, who received more than one telephone solicitation (either phone call or text message) from Defendant after registering their telephone number with Defendant’s Do-Not-Call List.

The Complaint further contends that the number of putative class members is believed to be in the hundreds or thousands and the anticipated damages exceed $5 million!

This is a big problem for Home Depot. This is certainly not “How doers get it done.”

I love a DIY project but TCPA compliance is NOT a DIY project. And an Internal Do-Not-Call list is not an accent, it is a mandatory requirement. See 47 C.F.R. § 64.1200(d).

Check out the complaint here.