Home Depot, RainSoft Facing Class Action Over Alleged Spam Texts, Calls

New to ClassAction.org? Read our Newswire Disclaimer

The business behind RainSoft, its regional distributor and Home Depot face a proposed class action filed by a consumer who claims to have received unsolicited text messages and phone calls from the companies despite having never provided consent to be contacted.

Want to stay in the loop on class actions that matter to you? Sign up for ClassAction.org’s free weekly newsletter here.

The 29-page lawsuit alleges the defendants violated the Telephone Consumer Protection Act when they sent multiple unwanted communications to the plaintiff, a Florida resident whose phone number has been listed on the National Do Not Call Registry since June 2016.

According to the suit, Home Depot partners with defendant Aquion, Inc.—which does business as RainSoft—to sell RainSoft residential water treatment systems inside Home Depot retail locations. The case relays that defendant A & B Marketing, Inc., an approved regional RainSoft dealer, markets the products in the stores by soliciting consumers to take water quality surveys.

The complaint alleges that after a consumer provides their phone number at the end of the in-store survey, the RainSoft dealer unlawfully sends them telemarketing texts or places unsolicited calls in an attempt to get the individual to book an appointment for an in-home water test and purchase a RainSoft water treatment system.

As the filing tells it, RainSoft’s customer surveys include “intentionally” small disclosures “so that consumers would not be aware of what they were consenting to.” As a result, individuals are “tricked” into receiving unsolicited communications from the company, even if their phone numbers are listed on the National Do Not Call Registry, the lawsuit contends.

The plaintiff says that when she visited a Home Depot store in April 2023 and filled out a water survey given to her by what she thought was a Home Depot employee, she was never informed that she would subsequently receive calls or texts regarding an in-home water test.

The woman claims she received an unsolicited text displaying the name “Home Depot Home Services” the next day, to which she responded “STOP” to opt out of further communications. Despite her opt-out request, the plaintiff received four telemarketing phone calls from A & B Marketing in early May of this year, the suit shares.

The lawsuit looks to represent anyone in the United States who, since October 17, 2019, received more than one call within a 12-month period from A & B Marketing on behalf of RainSoft and Home Depot when their telephone number had been listed on the National Do Not Call Registry for at least 30 days and the call was placed for substantially the same reason the company called the plaintiff. The case also seeks to cover those who, since that date, received more than one call within a 12-month period from the defendant, including at least once after A & B Marketing’s records reflect an opt-out request.

Get class action lawsuit news sent to your inbox – sign up for ClassAction.org’s free weekly newsletter here.