Temu, a popular online marketplace offering a vast array of goods shipped directly from China, is facing a proposed class action lawsuit in the United States. The lawsuit alleges that Temu Services Usa have violated federal and state telemarketing laws by sending unsolicited text messages to consumers, even those registered on the National Do Not Call Registry.
Allegations of Unsolicited Text Messages and TCPA Violations
The 23-page lawsuit accuses WhaleCo, Inc., operating as Temu, of sending “unsolicited text message spam” to consumers nationwide without obtaining prior express written consent. This practice, the suit claims, violates both the federal Telephone Consumer Protection Act (TCPA) and Oklahoma’s Telephone Solicitation Act (OTSA). The plaintiff, an Oklahoma resident, claims he received up to three promotional text messages per day for nearly a week, often outside the permitted hours stipulated by the OTSA (8 a.m. to 8 p.m.). He asserts he never consented to receive these messages and never interacted with Temu’s website.
The lawsuit contends that Temu utilizes an automated telephone dialing system to send mass text messages, maximizing their promotional reach while minimizing costs. This automated system allegedly sends “blasts of text messages automatically and without any human involvement.” The lawsuit argues that Temu could have avoided these legal issues by obtaining proper consent before sending messages or using a non-automated system that allows text transmission without prior consent.
Consumer Complaints Echo Lawsuit Allegations
The lawsuit highlights numerous online complaints from consumers frustrated with the unsolicited Temu texts. Consumers describe the messages as “obnoxious” and express concerns about the frequency and inability to stop them despite blocking the numbers. Many complainants echo the plaintiff’s claim of never having interacted with Temu before receiving the messages. One Reddit user stated, “I am getting multiple of these text messages daily… I’m talking around 5-6. It’s a new number every time so blocking hasn’t helped. I never signed up or have even been on [Temu’s] website.”
Proposed Class Action Representatives
The lawsuit seeks to represent several classes of individuals affected by Temu’s alleged practices:
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Nationwide Class: Individuals in the U.S. who received more than one text message from Temu (or on its behalf) within a 12-month period, whose numbers were on the Do Not Call Registry for at least 30 days, regarding Temu’s goods or services, who didn’t purchase from Temu in the preceding 18 months and didn’t contact Temu in the preceding three months.
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Oklahoma Short-Code Class: Individuals in Oklahoma who received text messages via short-code regarding Temu’s offerings from November 1, 2022, to the date of class certification.
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Oklahoma Time Restriction Class: Individuals in Oklahoma who received text messages regarding Temu’s offerings outside permitted hours (before 8 a.m. or after 8 p.m. CDT) from November 1, 2022, to the date of class certification.
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Oklahoma Frequency Class: Individuals in Oklahoma who received more than three text messages from Temu regarding its offerings within a 24-hour period from November 1, 2022, to the date of class certification.
This lawsuit raises significant questions about Temu’s marketing practices and its compliance with U.S. telemarketing laws. The outcome could have substantial implications for Temu services USA and other companies engaging in similar text message marketing strategies.
