On October 15, HelloFresh settled for $14 million in a Telephone Consumer Protection Act (TCPA) class action—Murray v. Grocery Delivery E-Services USA Inc.—in the District Court of Massachusetts. According to Law360, it is the largest TCPA settlement in Massachusetts history.
What is particularly notable about this case is it centers on violations of the Do Not Call (DNC) list rather than automatic telephone dialing system (ATDS) claims. As we have covered in our various examinations of the TCPA landscape following the Supreme Court’s ruling in Facebook v. Duguid, one of the key litigation trends post-Facebook is an increase in DNC claims in place of ATDS claims. While DNC claims generally are not as costly at the high end as some of the most notorious ATDS class actions, Murray is an example of how callers who fail to scrub the DNC list can open themselves up to a significant amount of TCPA liability.