DiStasio v. Edible Arrangements, LLC (U.S. District Court, District of Connecticut, Case No. 3:16-cv-00538)

In a class action complaint, Lemberg Law is representing Christopher DiStasio, who is suing Edible Arrangements, LLC for alleged violations of the Telephone Consumer Protection Act (TCPA). The complaint alleges that Edible Arrangements sent unauthorized telemarketing text messages to Mr. DiStasio’s cell phone.

Edible Arrangements grants franchises to more than 1,000 shops in the U.S., which in turn sell fruit arrangements and fruit bouquets. The complaint outlines that Edible Arrangements sends automated cell phone text messages that offer discounts to consumers. It alleges that Edible Arrangements didn’t acquire the prior express written consent necessary under the TCPA to send automated text messages.

Mr. DiStasio received marketing messages from Edible Arrangements that said, for example, “Edible: Save 20% on your Easter basket! The perfect dessert for kids & the whole family – order today!” Mr. DiStasio says that he’s never been an Edible Arrangements customer nor has he agreed to receive text messages from the company.

The proposed class of people represented are those in the U.S. who, between April 5, 2012 and April 5, 2016, didn’t provide Edible Arrangements with clear and conspicuous prior express written consent to send automated telemarketing text messages and who received one or more of those messages.

Update: The court ruled against the defendant in its motion to dismiss the case.

Update: The court again ruled against the defendant in its motion to dismiss the case.