Albertsons Guilty of ‘Abusive Telemarketing’ in Its Texts to Consumers: Class Action

U.S. District Court for Central California in Santa Ana. Albertsons, “during the time frame relevant” to Kamel’s complaint, “has sent out thousands of unlawful and unwanted text messages,” trying to sell its goods and services in violation of the TCPA, said the complaint. By “effectuating” these unauthorized text message calls, Albertson’s has caused consumers "actual harm," it said. They were subjected to the aggravation “that necessarily accompanies mobile spam,” but also because consumers frequently have to pay their cellphone service providers for the receipt of such spam, it said. Those spam messages diminish cellphone battery life, waste data storage capacity and are an intrusion upon seclusion, it said. Albertsons obtained Kamel’s phone number when he was paying for goods at an Albertsons store, and a cashier asked the California resident for his number to see if he was a rewards member, said the complaint. Kamel didn’t sign any documents or contracts, nor review any prompt screens or other disclosures on the Albertsons point-of-sale system, it said. He also wasn’t asked to verbally confirm agreement to any terms or conditions, or to otherwise consent to be contacted on his cellphone, nor did Kamel “verbally or otherwise offer any such confirmation or consent,” it said. Kamel estimates Albertsons sent him a total of seven telemarketing text messages after receiving his initial opt-out request Dec. 5, said the complaint. The company’s failure to honor opt-out requests demonstrates that it doesn’t maintain written policies and procedures regarding its text messaging marketing, not does it provide training to its telemarketing employees or maintain a standalone do-not-call list, it said. Albertson's conduct constitutes “abusive telemarketing,” the complaint said.