Edible Arrangements Faces Class Action over Text Messages

On April 5, 2016, Christopher DiStasio brought a class action suit against Edible Arrangements, LLC over the popular fruit franchise’s marketing via automated text messages.

In the complaint, DiStasio, on behalf of himself and those similarly situated, alleges that the text messages sent by Edible Arrangements to his cellular device within the last four years were not authorized. Further, he argues that the messages he received from Edible Arrangements were fully automated, as the content was “repetitive, template-based and impersonal” to him. Accordingly, DiStasio asserts that the Connecticut-based company violated the Telephone Consumer Protection Act, 47 U.S.C. § 227 (TCPA), which prohibits any call using an automated telephone dialing system without prior express consent by the recipient, except in emergencies. 

The complaint, filed in federal court in Connecticut, seeks $500 in statutory damages and $1,500 in treble damages per unwanted text message.

The case is: DiStasio v. Edible Arrangements, LLC, Case No. 3:16-cv-00538 (D. Conn.)

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