A proposed class action has been filed against the company behind food delivery service GoGo Gourmet over its alleged practice of robocalling consumers without their prior consent.
According to the case, defendant GoGo Technologies, Inc., which does business as GoGo Gourmet and GoGo Grandparent, has violated the Telephone Consumer Protection Act (TCPA), a federal law that bars the use of automatic dialing equipment to place non-emergency telemarketing calls without the recipients’ written permission.
The lawsuit alleges the defendant, in order to beat competition and boost profits, has engaged in an unlawful telemarketing campaign “with no regard for consumers’ privacy rights.”
Behind the case is an Orange County, Florida resident who claims to have received “numerous calls” from GoGo Gourmet containing a prerecorded message advertising the company’s food and grocery delivery services. The complaint includes the following transcript of a voicemail that was purportedly left by the defendant on the plaintiff’s cell phone:
“…front door, if this sounds interesting to you and something that can help, please press any number now to be connected to a GoGo Gourmet team member. If I reached your voicemail, no problem. I’m going to read off the number that you can call now, and I’ll read it twice. The number to call to get meals from local restaurants delivered to your front door is 1-855-754-5328. Again, that’s 1-855-754-5328. This has been a call from GoGo Grandparent, and we hope to hear from you soon. Thank you so much. Bye bye.”
According to the lawsuit, the plaintiff received voicemails throughout 2020 containing “the exact or substantially identical message,” which the woman was “easily able to determine” was prerecorded.
Per the case, the plaintiff never provided her express consent to be contacted with a prerecorded message, and her cell phone number has allegedly been listed on the National Do Not Call Registry since 2015. The lawsuit explains that the TCPA prohibits placing more than one telemarketing call in a 12-month period to a number listed on the Do Not Call Registry unless the caller has obtained the recipient’s prior express consent to do so.
The lawsuit suspects GoGo Gourmet has placed automated or prerecorded calls to “thousands of consumers” in the U.S. without securing their prior express consent to do so.
Get class action lawsuit news sent to your inbox – sign up for ClassAction.org’s newsletter here.