Temu Sent Unlawful Telemarketing Texts to Consumers, Class Action Claims

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Whaleco, Inc., doing business as Temu, faces a proposed class action lawsuit that alleges the online retailer unlawfully sent consumers unsolicited after-hours telemarketing text messages.  

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The 12-page lawsuit claims that Temu violated the federal Telephone Consumer Protection Act (TCPA) by sending promotional text messages to consumers’ cell phones before 8:00 a.m. or after 9:00 p.m. local time at the recipient’s location, without having first obtained consumers’ express permission to do so.

According to the filing, the TCPA is designed to protect consumers from unsolicited telephone solicitations, which the Federal Communications Commission (FCC) defines as “the initiation of a telephone call or message for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services.” Under the TCPA, entities are prohibited from sending telemarketing calls or messages to consumers before 8:00 a.m. or after 9:00 p.m., the complaint notes.

Importantly, the case says the restriction does not apply to situations where the consumer previously gave their express permission for an entity to contact them, the entity has a pre-existing business relationship with the consumer, or the calls are made by or on behalf of a tax-exempt nonprofit organization. However, the filing says that these exceptions do not apply to the Temu telemarketing texts at issue.

The plaintiff, a California resident, received three text messages from Temu between December 2025 and January 2026 at 9:54 p.m., 11:35 p.m., and 9:55 p.m., respectively, the case says. The complaint states that the messages, which were sent from an unknown number, promoted Temu’s goods and services and that the retailer had not obtained the plaintiff’s permission to contact him after 9:00 p.m.

“[Temu’s] unlawful conduct invaded Plaintiff’s privacy, disturbed Plaintiff’s peace and quiet, and caused nuisance and annoyance in a realm that is private and personal,” the lawsuit says.  

The Temu TCPA class action lawsuit seeks to cover all individuals in the United States to whose wireless telephone number (used as a residential line) Temu, or anyone acting on Temu’s behalf, initiated more than one telephone solicitation text message within any 12-month period from four years prior to the filing of this action through the date of class certification, where at least one such message was initiated before 8:00 a.m. or after 9:00 p.m. local time at the called party’s location.

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