Not long ago we reported on a ruling deeming Temu’s arbitration clause unenforceable:

CHEAP STUFF, EXPENSIVE LAWSUIT: TEMU Loses Big in Effort to Compel OTSA Class Action to Arbitration

Not good.

How not good?

Well now Temu (whose real name is Whaleco–hence the title of the blog article) is facing another TCPA class action–alleging violations of the national Do Not Call list rules.

Per the lawsuit, Plaintiff received text messages without consent despite being on the DNC list. Plaintiff alleges at least 100 other individuals received similar texts.

Presumably Plaintiff only received texts because Temu believed she had consented. But without the arbitration clause to protect it Temu will need to fight it out in court.

Full complaint here: Whaleco Complaint

We’ll keep an eye on this.