Beyond Meat and People for the Ethical Treatment of Animals (PETA) face a proposed class action that alleges the meat-alternative food company and the animal rights non-profit have sent thousands of unauthorized, automated text messages to consumers across the country.
Filed in California, the case explains that the Telephone Consumer Protection Act (TCPA) prohibits any person from using automated dialing equipment or a prerecorded voice to contact an individual’s cell phone without express consent to do so. The lawsuit alleges Beyond Meat and PETA have engaged in unsolicited text message advertising “with no regard for consumers’ privacy rights,” with PETA allegedly contacting consumers via text without consent and “at the direction and/or under the control of” Beyond Meat.
The plaintiff claims to have received texts from PETA advising that Beyond Meat is now available at all On The Border restaurant locations. With regard to the content of the messages, the case alleges PETA “consulted” with Beyond Meat as to what the messages would say before receiving final approval. The lawsuit claims that while PETA is responsible for sending the messages, Beyond Meat “always retained the right to change or add something” to their content.
“At no point in time did Plaintiff provide Defendants with express written consent to be contacted by Defendants with automated text messages,” the complaint says.
The lawsuit looks to cover anyone in the United States who, within the last four years, received to their cell phone a text message sent on the same type of equipment used to text the plaintiff and promoting Beyond Meat’s products.