Amodeo vs. GrubHub (U.S. District Court, Northern District of Illinois, Case No. 1:17-cv-01284)
In a class action complaint, Lemberg Law is representing Nicholas Amodeo, who is suing GrubHub, Inc. for alleged violations of the Telephone Consumer Protection Act (TCPA). The complaint alleges that GrubHub sent automated text messages to Mr. Amodeo’s cell phone without his consent.
GrubHub is an online and app-based takeout food delivery service that’s publicly traded on the New York Stock Exchange (GRUB). The company delivers food from more than 30,000 restaurants in more than 500 cities. GrubHub sends automated text messages to customers regarding orders placed for delivery. Naturally, some folks enter incorrect phone numbers or change their phone numbers. As a result, consumers receive GrubHub text messages that are completely unrelated to any food order placed. According to the lawsuit, GrubHub does not allow those consumers to opt out of receiving future messages, which results in people repeatedly receiving unwanted, unauthorized text messages. The suit alleges that, when customers try to opt out by typing “STOP” or “STOPALL,” GrubHub disregards those requests in violation of the TCPA.
Mr. Amodeo says that he began receiving automated GrubHub cell phone text messages from 303-68, even though he has never used the GrubHub service or given GrubHub his cell phone number. The text messages said that his order was being prepared and would be delivered. They said something along the lines of, “Hey, this is GrubHub! [RESTAURANT NAME] is making your order right now. If we had to guess how soon you’ll be eating, we would guess pretty soon!” Some messages referred to “Masterpiece Kitchen,” with which Mr. Amodeo wasn’t familiar. When he contacted GrubHub, he was told to respond “STOP” or “STOPALL.” He did that, but continued to receive the text messages.
The proposed class of people represented is those in the U.S. who, between February 17, 2013 and February 17, 2017, received at least one unauthorized GrubHub cell phone text message.