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OPT OUT WOES: Albertson’s Sued in TCPA Class Action for Allegedly Failing to Honor Stop Request– And its Harbinger of Things to Come
Thursday, February 6, 2025

April 11, 2025.

That’s the date the FCC’s new and incredibly dangerous TCPA revocation rules are set to take effect.

If you’re not aware of the new rule you need to watch this incredibly important webinar that breaks it down right now:

Even without the massive expansion of revocation scope in April, some companies are having a tough time with their revocation process.

For instance Albertson’s was just sued in a TCPA class action asserting it failed to honor a consumer opt out request.

A litigator named Jennifer Schofield claims she personally placed her number on the national DNC way back in 2006. Nonetheless, she contends Albertson’s began texting her in 2024 from shortcode 48687.

According to Schofield, she texted “stop” and received a response from Albertson’s confirming no further texts would be sent.

Yet she received another text.

Schofield again allegedly texted “STOP” and, once again, continued to receive texts.

Schofield contends she was annoyed and harassed and sued Albertson’s under the TCPA. She also hopes to represent two nationwide classes:

IDNC Class: All persons within the United States who, within the
four years prior to the filing of this lawsuit through the date of
class certification, received two or more text messages within any
12-month period, from or on behalf of Defendant, regarding
Defendant’s goods or services, to said person’s residential cellular
telephone number, after communicating to Defendant that they did
not wish to receive text messages by replying to the messages with
a “stop” or similar opt-out instruction.

DNC CLASS: All persons in the United States who, within the
four years prior to the filing of this action through the date of class
certification, (1) were sent more than one text message within any
12-month period; (2) where the person’s telephone number had
been listed on the National Do Not Call Registry for at least thirty
days; (3) regarding Defendant’s property, goods, and/or services;
(4) to said person’s residential cellular telephone number; (5) after
making a request to Defendant to not receive further text messages
by replying with a “stop” or similar opt-out instruction in response
to Defendant’s text message(s).

Obviously we don’t know whether the allegations have any merit–the case was just filed– but we will keep an eye on it.

Full complaint here: Albertsons Complaint

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