On September 13, 2024, Cynthia Johnson filed a class action lawsuit against DoorDash, alleging violations of the Telephone Consumer Protection Act (“TCPA”). The suit not only exposes DoorDash to significant monetary liability but also raises concerns about potential deficiencies in the company’s internal Do Not Call (“DNC”) practices.

Here’s what you need to know:

The Allegations

The Complaint alleges that in February 2023, Johnson began receiving calls from DoorDash using an artificial or prerecorded voice, urging her to sign up as a restaurant owner and set up a DoorDash tablet to begin taking orders. However, Johnson claims she does not own or operate a restaurant. According to the Complaint, these calls occurred almost daily—sometimes multiple times a day—and as early as 7:00 AM in her local time zone.

Johnson states that she reached out to DoorDash in February 2023, requesting that the calls stop. DoorDash allegedly instructed her to send screenshots of the messages and suggested placing an order to halt the calls, after which DoorDash promised to close the account associated with her number. When this approach failed, Johnson claims that DoorDash advised her to reopen her account, with the intention of closing it again to stop the calls. Despite these efforts, the calls persisted. Johnson claims to have contacted both DoorDash support and the Federal Communications Commission in June 2024 in an attempt to stop the calls, but to no avail.

Class Definition

Johnson seeks to certify the following class:

Robocall Class: All persons within the United States: (1) to whose cellular telephone number or other number for which they are charged for the call (2) Defendant (or an agent acting on behalf of Defendant) placed a call (3) within the four years prior to the filing of the Complaint through trial (4) using an identical or substantially similar pre recorded message used to place telephone calls to Plaintiff.

Legal Implications for DoorDash

If Johnson’s allegations are proven true, DoorDash may find itself in serious trouble. The TCPA prohibits making calls using artificial or prerecorded voices without prior express written consent. Additionally, the TCPA mandates that requests to be placed on the internal DNC list must be honored immediately and no later than 30 days after the request—no screenshots or additional orders necessary.

DoorDash’s alleged failure to comply with the TCPA’s call time restrictions, which only allow telemarketing calls between 8:00 AM and 9:00 PM in the consumer’s time zone, further compounds the company’s potential liability.

Violations of these provisions can result in statutory damages ranging from $500 to $1,500 per violation. Given the frequency of the alleged calls and the attempt at class certification, DoorDash’s financial exposure could be substantial.

Compliance Overhaul on the Horizon?

This lawsuit highlights potential deficiencies within DoorDash’s compliance protocols, particularly in its alleged handling of internal DNC requests. Regardless of the outcome of the lawsuit, DoorDash may need to consider a serious review and overhaul of its internal compliance structures to better manage DNC requests and prevent future violations.

You can read the full Complaint here: Cynthia Johnson v. DoorDash, Inc.