Hello Fresh Operator Hit with Lawsuit Over Allegedly Unwanted Calls [UPDATE]
by Erin Shaak
Last Updated on October 17, 2022
Engen v. Grocery Delivery E-Services USA Inc.
Filed: September 5, 2019 ◆§ 0:19-cv-02433
The operator of the Hello Fresh grocery delivery service has been hit with a proposed class action lawsuit filed by a woman who claims she received several auto-dialed calls from the company even after asking it to stop calling her.
Minnesota
Case Updates
October 20, 2021 - $14 Million HelloFresh Robocall Settlement Given Final Approval
United States District Judge William G. Young has given the final OK to a $14 million settlement ending the claims detailed on this page.
In a six-page final approval order submitted on October 15, 2021, Judge Young stated that the court found the settlement agreement between the plaintiffs and HelloFresh to be, “in all respects, fair, adequate, and reasonable.”
The official settlement website states that at a final approval hearing on May 11, the court asked for an additional briefing on the settlement over several apparent issues. After the plaintiffs filed an additional brief to address these concerns, the court, at a second final approval hearing on June 9, denied the settlement over concerns that class members (that is, those covered by the settlement) would be required to arbitrate any future claims against HelloFresh.
Final approval was ultimately granted after the plaintiffs and HelloFresh agreed to amend their initial settlement agreement.
Law360 reports that the plaintiffs’ attorneys have called the settlement the largest in Massachusetts history for a Telephone Consumer Protection Act lawsuit.
Answers to frequently asked questions about the settlement can be found on the official settlement website here. The deadline for filing a claim with the settlement was March 29, 2021.
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December 28, 2020 – Settlement Receives Preliminary Approval, Claim Form Available
A settlement in a lawsuit related to the case detailed on this page has received preliminary approval.
Under the terms of the proposed settlement, anyone who received a call from Hello Fresh directly or through a third party between September 5, 2015 and December 31, 2019 will be able to submit a claim for a cash payment. According to the settlement website, the payment will be between $30 and $50 depending on how many people submit claims.
To receive payment from the settlement, you must fill out a claim form, which can be submitted online or mailed to the settlement administrator.
The deadline for submitting claims is March 29, 2021.
The settlement website notes that the deal is still awaiting final approval, which will be decided at a fairness hearing scheduled for May 11, 2021. Payments will not be sent out to claimants unless and until the settlement receives final approval and any appeals have been resolved.
For more information, visit the official settlement website.
The operator of the Hello Fresh grocery delivery service has been hit with a proposed class action lawsuit filed by a woman who claims she received several auto-dialed calls from the company even after asking it to stop calling her.
The plaintiff in the case says she signed up for a trial subscription for Hello Fresh that ended in January 2019. Shortly thereafter, defendant Grocery Delivery E-Services USA Inc., the case alleges, began placing calls to her cell phone using automated telephone dialing technology. The plaintiff claims she was able to tell that the calls were autodialed by the familiar “click and pause” sound associated with predictive dialing services.
According to the lawsuit, the plaintiff asked Hello Fresh representatives on “two or three occasions” to stop calling her, but the callers simply hung up the phone in response. The case alleges that Hello Fresh has no policy in place to handle “do not call” requests, nor an internal list of customers who have revoked their consent to be contacted. The plaintiff says she continued to receive calls from the company even after she expressed her unwillingness to be contacted on her cell phone, which the case claims is a violation of the Telephone Consumer Protection Act (TCPA).
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