Class Action Seeks Injunction to Halt Harry & David’s TCPA Wrongdoing
Plaintiff Crystal Strickland seeks injunctive relief against Harry & David to halt its illegal Telephone Consumer Protection Act conduct, “which has resulted in the invasion of privacy, harassment, aggravation, and disruption of the daily life of thousands of individuals,” said…
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her class action Friday (docket 6:23-cv-01580) in U.S. District Court for Middle Florida in Orlando. During the month of June, Harry & David “sent or caused to be sent” multiple promotional telemarketing text messages to Strickland’s cellphone, to a number she had listed on the national do not call registry since May 2017, alleged her complaint. “At no point in time” did Strickland give Harry and David her express written consent to be contacted, nor does she have an “existing business relationship” with the defendant, it said. The unsolicited text messages caused Strickland “actual harm,” including invasion of her privacy, aggravation, annoyance, intrusion on seclusion, trespass and conversion, it said. The text messages also “inconvenienced” Strickland “and caused disruption to her daily life,” it said. Her proposed class includes all people in the U.S. who received at least one Harry & David text message more than once in any 12-month period in the previous four years and whose numbers were listed on the national DNC registry for at least 30 days. Harry & David didn't comment.