Woman says Star Market wouldn't stop sending her text messages no matter how many times she replied STOP, so she sues

A woman who says she is fed up with the weekly messages Star Market sends her about sales and stuff yesterday sued the chain under a federal law that's requires marketers give consumers an actual way to opt out.

In her suit, filed in US District Court in Boston, Linnea Menin of Middlesex County hopes to become the lead plaintiff in a class action against the supermarket chain over the alleged violations of the Telephone Consumer Protection Act, both to get Star Market to knock it off, already and to pay $1,500 per violating message.

Through this action, Plaintiff seeks injunctive relief to halt Defendant’s illegal conduct, which has resulted in the invasion of privacy, harassment, aggravation, and disruption of the daily life of thousands of individuals.

The complaint alleges:

Plaintiff has asked Defendant many times to stop contacting her but Defendant continues to send her text messages.

Plaintiff first wrote stop on June 23, 2023 and Defendant acknowledged the request that same day.

Despite the request, Defendant sent Plaintiff text message solicitations on June 30, 2023, July 7, 2023 and July 14, 2023.
...

Plaintiff attempted to opt-out of Defendant's text message solicitations by responding, but Defendant continued to text message Plaintiff. Notably, many of the text messages sent by Defendant contained no instructions on how to opt-out, and Plaintiff was left helpless in attempting to stop the solicitations.

The complaint continues:

Defendant's failure to honor opt-out requests demonstrates that Defendant does not 1) maintain written policies and procedures regarding its text messaging marketing; (2) provide training to its personnel engaged in telemarketing; and/or (3) maintain a standalone do-not-call list.

Defendant's failure to (1) maintain the required written policies and procedures, (2) provide training to its personnel engaged in telemarketing, (3) maintain a standalone do-not-call list, and (4) honor consumer opt-out requests caused Plaintiff and the class members harm as they continued to receive text message solicitations after asking for those messages to stop. ...

Defendant's telephonic sales calls caused Plaintiff and the Class members harm, including statutory damages, inconvenience, invasion of privacy, aggravation, annoyance, and violation of their statutory privacy rights.

Defendant's text message spam caused Plaintiff and the Class members harm, including violations of their statutory rights, trespass, annoyance, nuisance, invasion of their privacy, and intrusion upon seclusion. Defendant's text messages also occupied storage space on Plaintiff's and the Class members' telephones.